POWERS OF SUPREME COURT IN INDIA

January 2, 2024
symbolizing justice and order

The Supreme Court of India is both the nation’s highest court of law and its last court of appeal. Being the highest-ranking constitutional court, it has the authority to make the final decision on all cases, with the exception of personal laws and interstate river disputes. It also has the authority to conduct judicial review.

The Indian constitution specifies in Article 124 that the country would have a Supreme Court. Any decision rendered by the Supreme Court is binding on all subordinate courts. Since the Indian judiciary is independent, the conventional ideas of natural justice and morality should be upheld, and justice will be served equally. To ensure that there is consistency and clarity in the legal system, India has its own distinct legal system.

functions of supreme court in india

The functions of supreme court of india in points are as follows:

  • It serves as a mediator in conflicts between the federal government, state governments, and other governmental bodies.
  • All Indian Territory courts are required by Article 141 of the Constitution to follow decisions made by the Supreme Court.
  • The Supreme Court renders the final judgment in response to an appeal from one of the High courts or another lower court.
  • In particular instances, the Supreme Court has the authority to decide cases and act autonomously.
  • In both civil and criminal disputes, it is the highest court of appeals.

jurisdiction of supreme court in india

The jurisdiction of supreme court of india in points are as follows:

  • When it comes to conflicts between states or cases with major constitutional implications, the nation’s Supreme Court usually has original jurisdiction. It acts as the first forum for these cases, going over subordinate courts. The Supreme Court can hear cases that have a direct bearing on interstate relations and the country’s legal system due to this jurisdiction.
  • According to Articles 132, 133, and 134, the Supreme Court of India has appellate jurisdiction over cases pertaining to civil, criminal, or constitutional law. Additionally, in accordance with Article 136, the Supreme Court of India may grant special permission to any Indian tribunal court. However, none of the nation’s Army Courts are covered by this.
  • Under the advisory jurisdiction, the Supreme Court may provide legal advice to the President of India in accordance with Article 143 of the Constitution, provided that the advice is relevant to the public interest. In addition, the President may consult others on subjects pertaining to Article 131 of the Constitution.

powers of supreme court in india

The powers of supreme court of india in points are as follows:

  • As the highest court in the nation, it upholds the constitution and educates us about its provisions by means of its grand vision, which is deemed definitive.
  • The Supreme Court of India has the authority to interpret the Indian Constitution.
  • It is in charge of protecting fundamental rights. Every Indian citizen has the right, under Article 32, to file a lawsuit to seek redress for any violation of their fundamental rights.
  • The Supreme Court will declare any law passed by the state legislature or the parliament invalid through judicial review if it violates the Indian Constitution or is granted jurisdiction over which it does not even have.
  • Article 137 gives the Supreme Court the authority to review its own rulings if new information becomes available, if a fact pertaining to the records of the Supreme Court comes to light, and if there are sufficient grounds for a review. The Supreme Court asserts that nothing can prevent it from reviewing its own rulings if it is satisfied with how they will affect the public at large.
  • The authority to establish regulations governing the practice and procedure of the Supreme Court has been granted.
  • The appointment of the Supreme Court’s officers and staff is within its authority. For instance, it appoints judges of the Supreme Court of India or the Chief Justice of India to perform its duties. Nevertheless, the applicant must be eligible for the position.
  • According to Article 129, the Supreme Court has the authority to penalize someone who is found guilty of contempt of court. Basically, contempt of court refers to interfering with the court’s business, disobeying its directives, and, in the end, showing disrespect for the court. Depending on how serious the repercussions are, there may be civil or criminal sanctions as a result.

ancillary powers of supreme court in india

  • Article 140 of COI states that Parliament may provide the Supreme Court any extra-legal authority it thinks necessary to enable it to carry out its constitutionally assigned responsibilities. These additional authorities, meanwhile, must not clash with any other constitutional clauses.

power of supreme court judge in india

  • The Supreme Court’s nine judges have the authority to interpret the Constitution and render rulings that have the potential to influence American culture for many years.
  • The authority of judicial review is the most significant power vested in a Supreme Court justice. This implies that the Supreme Court has the authority to rule that a law or government action is unconstitutional.
  • Issuing writs of habeas corpus is one of the Supreme Court’s most significant powers. A writ of habeas corpus involves a court decree that mandates the appearance of an inmate in front of a judge. This authority guarantees that the government does not unlawfully detain anyone.
  • Cases involving disagreements between two or more states may also be decided by the Supreme Court. The court’s original jurisdiction is this.

In our jurisdiction, the Supreme Court is the highest appeals body. The people of India are proclaiming justice with its establishment. The Supreme Court has the authority to provide a fair trial in cases involving the Indian Constitution, protecting the largest democratic state in the world in the process.

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