Power And Function Of Supreme Court Of India Pdf

power and function of supreme court of india pdf

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India is a federal State having a single and unified judicial system with three-tier structure, i. The Jurisdiction of the Supreme Court of India can broadly be categorised into original jurisdiction, appellate jurisdiction and advisory jurisdiction. Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the Constitution of India, to protect the rights and liberties of the citizens, and to uphold the values of rule of law.

Powers and Functions of the Supreme Court

This article is written by Suryansh Singh , a 3rd-year law student from Indore Institute of law. This article mainly discusses the powers and functions of the Supreme Court. Previously Federal court constituted under the Government of India Act , was considered to be the apex court of India which was structured during the British rule. Then in , the supreme court was established which took place of the federal court.

The constitution is the supreme law of the land and it contains provisions which are enforced by law. Without the enforcement of the law, the provisions embedded under the constitution are meaningless. Therefore the judiciary has independence in order to interpret the provisions of the Indian constitution.

Being the apex court of the country the supreme court works under the framework of the constitution by acting as the guardian of the constitution and custodian of the fundamental rights and freedom of the citizens of our country. It is the interpreter of the provisions and the controller of the entire judicial system of India. Article of the Indian constitution states that there shall be a supreme court in India. Any decision of the supreme court shall be binding upon all the subordinate courts.

In India, there is an independent judiciary so that the traditional concept of natural justice and good conscience should be maintained equal justice shall prevail. In India, there is a separate judicial system so that the clarity and uniformity in the shall be maintained.

There is a hierarchical system in the Indian judiciary. In India the Supreme court is the apex judicial authority followed by the high court and then the district court and at last there comes Panchayat. Article 3 of the Indian constitution states the following conditions for a person to become the judge of the supreme court.

However, the tenure of the judge can be shortened on the following conditions:. The Judges Inquiry Act, provides for the procedure for the investigation. Salary allowances and other benefits of a supreme court judge has been stated under article of the Indian constitution. The other privileges a judge has is of a residence free of cost with a pension after his retirement. Supreme court of India is the apex judicial authority in India. Under article it has been stated that the decision of the supreme court is binding upon all the other courts.

It tends to regulate the judicial system of the country in order to maintain public peace and protect it from any external transgression. Therefore it possesses a very wide range of powers and functions which are discussed below:. Under article of the Indian constitution, it has been stated very clearly that the supreme court of India is a court of record and has the power to punish for contempt itself.

A court of record means the proceedings, decisions or acts of a court which are enrolled for the evidential matter and for the interminable and testimonial purposes. They are unquestionable when presented before any other court. Under article of the Indian constitution, the supreme court has original jurisdiction in the following cases.

Even the dispute arising in the election of the President and Vice President is dealt with by the supreme court. In these matters, the Supreme Court has original jurisdiction to exercise its power without the intervention of any other judicial authority. As the Supreme court is the highest judicial authority it protects the fundamental rights of an individual from any kind of infringement.

Under article 32 it has given the right to an individual to approach the supreme if there is any violation of his fundamental rights. Under article 32 a court an issue orders or writs habeas corpus, certiorari, mandamus, prohibition, quo-warranto. This jurisdiction of the supreme court is subjected to certain limitations.

These limitations any kind of dispute arising from an agreement which was executed even before the constitution was commenced. In case of fundamental rights, it only covers the legal aspects whereas the rest of it is left untouched.

The Supreme is the apex judicial authority of appeals and enjoys constitutional, civil as well as criminal appeals. Constitutional appeal: under article of the constitution it has been stated that appeal for any final judgement of the high court whether of civil or criminal nature for which the high court issues a certificate stating that it contains a substantial question of law as to the interpretation of the provisions of the constitution lies in the supreme court.

Even if the high court refuses to issue the certificate, the Supreme court has the power to grant SLPin these matters. Civil Appeals: Cases of civil nature shall lie in the supreme court if the high court is satisfied with the following conditions and certifies that.

The Supreme Court has the jurisdiction to grant special leave petition to the final judgement given by any lower courts except for the courts or tribunal which has been formed by the law relating to armed forces. However, if the judgement or order is given by a high court single judge bench then the no appeal for that matter will be entertained in the supreme court. Under article it has been stated that the supreme court on many occasions have given advice to the government as well as the president, if the matter is related to the interest of the public or if there arises a substantial question of law.

The supreme court after the profound enquiry reports to them. It is very amusing that though our Indian constitution never mentioned about judicial review yet the apex judicial authority possess the power of judicial review. India is a democratic type of country in which there is the separation of powers between the legislative, executive and judiciary.

They have their own independence and perform their functions accordingly. However, in order to assure that such independence does not turn out to arbitrary, checks and balances between the organs has to be maintained. The functioning of a democratic country explicitly lies over the independence of these organs. If the legislative and administrative actions turns out to be unconstitutional or it does not comply with the provisions of the constitution then the court has the power of judicial review in order to restrict such exercises.

The ambit of the judicial review has now expanded to the concept of socio-economic justice. In order to keep a check on this power judicial restraint is necessary. The powers of judicial review enshrined under the Indian constitution are partial or limited in nature as it only deals with unconstitutional exercises performed through administrative and legislative action or whether it deals with the fundamental rights. Quasi-judicial functions is neither a judicial function nor an administrative function.

The quasi-judicial act has the appropriate jurisdiction which is sanctioned by the law while determining the basic rights that an individual has in order to enjoy his fundamental freedom. If a tribunal or an authority has been constituted by the law and are conferred the powers of deciding a matter are subject to judicial review. The ambit of judicial review is limited to three grounds in case of administrative action.

Judicial review of a decision matter process whenever it has been depraved through irrationality and ignorance of such essential factors that no reasonable authority conferred with the power could have made such a decision, follows the due procedure of law and through examination takes the relevance of the factors.

It can be concluded that the supreme court is the apex judicial authority of India. The supreme court has very wide jurisdiction and it enjoys enormous powers and functions which it performs for the general interest of the public.

It is the protector of the fundamental rights of an individual and through its grand vision interprets the provisions of the constitution.

It guarantees the socio-economic justice to the citizens of India and makes laws which are of unquestionable nature and binding upon all the other courts. Sign in Join. Sign in. Log into your account. Sign up. Password recovery. Forgot your password?

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Powers and Functions of Supreme Court |Supreme Court of India

The president is indirectly elected by an electoral college comprising the Parliament of India both houses and the legislative assemblies of each of India's states and territories , who themselves are all directly elected. Although Article 53 of the Constitution of India states that the president can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the president are, in practice, exercised by the prime minister a subordinate authority with the help of the Council of Ministers. India achieved independence from the British on 15 August , initially as a dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general. Ambedkar , undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November and came into force on 26 January , [4] : 26 making India a republic. The Indian constitution accords with the president, the responsibility and authority to defend and protect the Constitution of India and its rule of law.


explain the powers and jurisdiction of the Supreme Court of India;. ○ appreciate the role of the Supreme Court of India as guardian of the Constitution and.


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The Judiciary is a system of courts which interpret and apply the law. The role of the courts is to decide cases by determining the relevant facts and the relevant law , and applying the relevant facts to the relevant law. The Indian Judiciary administers a common law system in which customs , securities and legislation, all codify the law of the land. It has, in fact, inherited the legacy of the legal system established by the then colonial powers and the princely states since the midth century, and has partly retained the characteristics of practices from the ancient [3] and medieval times. The Indian Judicial system is totally managed and administrated by officers of judicial service unlike in the past when civil service officers also were part of judicial system.

Original Jurisdiction: Cases that come directly to the supreme court are under its original jurisdiction and it settles disputes between Centre and State or Between States, Disputes concerning the election of the president and vice-president and the disputes arising out of the Implementation of Fundamental Rights. The Certificate of the High Court is necessary for appeals relating to civil, criminal and Constitutional matters, Such certificates can be granted by the high courts on their own or on the request of the parties, In some criminal cases, the accused can directly appeal to the supreme court in case of death sentence or imprisonment of more than ten years. When the fundamental rights of citizens are violated either by the government or any individual, it protects the Fundamental rights of Citizens. If the government passes any law against the constitution, the supreme court declares it unconstitutional.

The Supreme Court of India functioned from the Parliament House till it moved to the present building. It has a For a peek inside, you'll have to obtain a visitor's pass from the front office. The inauguration took place in the Chamber of Princes in the Parliament building which also housed India's Parliament, consisting of the Council of States and the House of the People. It was here, in this Chamber of Princes, that the Federal Court of India had sat for 12 years between and

Supreme Court: Powers, Qualifications, Removal Procedure

To know about the powers and functions of supreme court , it is necessary to know first, about the working structure of the supreme court. At the apex of the judicial hierarchy of the country stands the Supreme Court which was inaugurated on January 26, , along with the promulgation of the Constitution of India. It was given all those powers which were earlier with the Privy Council situated in England. The decision given by it are final and cannot be questioned in any other Court of law. It enjoys supreme judicial authority in the country.

Introduction The Supreme Court in India was established through an enactment passed in pre-independent India, with the introduction of the Regulating Act, The court was established to resolve the disputes in Bengal, Orissa, and Patna. The Government of India Act, , led to the establishment of the Federal Court in India, which has vested more judicial power than the High court with original, appellate, and advisory jurisdiction. Justice Harilal Jekisundas Kania.

President of India

This article is written by Suryansh Singh , a 3rd-year law student from Indore Institute of law. This article mainly discusses the powers and functions of the Supreme Court. Previously Federal court constituted under the Government of India Act , was considered to be the apex court of India which was structured during the British rule. Then in , the supreme court was established which took place of the federal court. The constitution is the supreme law of the land and it contains provisions which are enforced by law.

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Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the Constitution of India, to protect the rights and liberties of.

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