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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.
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- Powers and Functions of the Supreme Court
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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.
Powers and Functions of Supreme Court |Supreme Court of India
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. Its decision is binding on all the courts. Originally, the Supreme Court consisted of a Chief Justice and seven other judges, but under Article, the parliament is authorized to change the number of judges.
On account of the increase in its load of work, the strength of the judges of the Supreme Court has been raised from time to time. Article 2 of the Constitution provides that the judges of the Supreme Court, including Chief Justice, shall be appointed by the President of India.
In the appointment of Chief Justice, the President consults other judges of the Supreme Court and High Courts as he may deem necessary. Or in the appointment of other judges, the president must consult the Chief Justice of India. According to Article 3 , following are the qualification of the judges-. The judges of the Supreme Court hold office until they attain the age of 65 years.
According to Article — of the constitution, the supreme court shall sit in Delhi or in such other place, as the chief justice of India may with the approval of president from time to time appoint.
The judges may resign before they are 65 years of age or may be removed from office. Our Constitution confers some original jurisdiction on the Supreme Court and the cases with some under this category can be taken straight to the supreme court. The Supreme Court can directly hear several cases which cannot be heard by any other courts. The Supreme Court enjoys original or exclusive jurisdiction in the following cases under Article The Supreme Court can hear appeals against the decision of the high court in the following cases —.
According to Article — if the High Court certifies that a particular case is fit for appeal and a substantial question of law is involved which needs further interpretation of the constitution, the appeal can be made in the Supreme Court. According to Article all types of civil cases can be taken to the Supreme Court as an appeal against the decision of the High Court. But, the High Court must certify to the effect that the case is fit for appeal.
In the case the High Court refuses to certify, the Supreme Court can itself certify to that effect and allow appeal before itself. According to Article, in criminal cases, an appeal can be taken before the Supreme Court against the decision of the High Court in the given ahead cases —. According to Article, the Supreme Court can itself grant special leave to appeal from the judgments of any Court or Tribunal in the territory of India.
Powers and Functions of Supreme Court. But such an appeal must be made within 30 days on the decision of the Special Court.
Next powers and functions of supreme court is that it protects our constitution. Our constitution is the supreme law of the land and the Supreme Court is empowered to uphold the constitution. As a Watchdog of Constitution , the Supreme Court sees to it that no organ of the government abuses its power and resulting in the encroachment of the constitution. The Supreme Court can declare laws passed by the Union Parliament or State legislature as Unconstitutional which are violative of the constitution.
The Supreme Court has the power to interpret the constitution as the final interpreter of the constitution. It is necessary to who vest this power in the Supreme Court to protect the constitution against arbitrary interpretation by other organs of the government. Another powers and functions of supreme court are of Judicial review, which with the use of it sees whether the laws passed by the Union Parliament or State Legislatures, the Constitutional Amendments, Ordinances issued by the President or Governor…Etc… are in consonance within the constitution or not.
In case any of these is not in consonance with the Constitution, the Supreme Court has the power to declare it unconstitutional.
The Supreme Court is a court of record which means that as a Superior Court its decision and judicial proceedings are recorded for a perpetual memory and the court subordinate to it accept this decision as judicial precedents. The study of the powers and functions of Supreme Court of India leads one to conclude that it is one of the most powerful courts in the world.
Being a single judicial system in India, the Supreme Court is at the apex of the judicial system and has both original and appellate jurisdiction and no appeals can be made against its decision.
The Supreme Court is also known as the guardian of Fundamental Rights. Independence of Judiciary is one of the cornerstones of the democratic political system because only an independent judiciary —. The Constitution of India has made the following arrangements to maintain the independence of the judiciary —.
Of all the methods of the appointments, the appointment of the judges by the executive on the basis of fixed qualifications is considered the best. According to Article of the constitution of India, the judges of the supreme court are appointed by the president out of the persons who fulfill the qualification mentioned in the constitution. Apart from this, in the appointment of Chief Justice, the president consults the judges of the Supreme Court and High Court and in the appointment of the judges, consults the Chief Justice of India.
The independence of the Judiciary also depends on the long tenure of the judges. The short tenure makes the judges feel insecure. In our country, the judges of the Supreme Court stay in their office up to 65 years of age and High Court up to 62 years of age, whereas the government employees stay in their office up to 60 years of age. Only a judge who is highly qualified can maintain his independence and such a person does not become a puppet in the hands of lawyers.
Article 3 , makes mention of the qualifications of the judges of the supreme court. The judges must be paid high salaries so that they remain free from their economic worries. The constitution of India has also provided that a judge of a High Court after retirement cannot plead in a court other than High Court or Supreme Court and that a judge after his retirement from the Supreme Court cannot work as a private practitioner of law in any court of the country.
Under Article of the constitution, it is specially provided that the actions and decisions of the judges in their official capacity are immune from criticism in the sense that no motives may be imputed to them. While assuming their office the judges are administered an oath that they shall discharge their duty without any fear and favour.
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About the Supreme Court
The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort , apex court , and high or final court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts , hearing appeals from decisions of lower trial courts , or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia.
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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. Hence, it is known as the Guardian of our Constitution.
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.
Powers and Functions of the Supreme Court
Skip to main navigation. Article III of the Constitution establishes the federal judiciary. Congress first exercised this power in the Judiciary Act of
- Включи свет. - Прочитаешь за дверью. А теперь выходи. Но Мидж эта ситуация явно доставляла удовольствие. Она подошла к окну, вертя бумагу перед глазами, чтобы найти лучший угол для падения лунного света.
Сэр, - удивленно произнесла Сьюзан, - просто это очень… - Да, да, - поддержал ее Джабба. - Это очень странно. В ключах никогда не бывает пробелов. Бринкерхофф громко сглотнул. - Так что вы хотите сказать? - спросил. - Джабба хотел сказать, что это, возможно, не шифр-убийца. - Конечно же, это убийца! - закричал Бринкерхофф.
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.
Сьюзан закрыла глаза, но ее снова вывел из забытья голос Дэвида. Беги, Сьюзан. Открой дверцу. Спасайся.
Куда его понесло? - думала. - Почему он не звонит. Вода из горячей постепенно превратилась в теплую и, наконец, холодную. Она уже собиралась вылезать, как вдруг ожил радиотелефон. Сьюзан быстро встала и, расплескивая воду, потянулась к трубке, лежавшей на краю раковины.
Наверху включились огнетушители. ТРАНСТЕКСТ стонал. Выли сирены.