Supreme Court of India- Power, Functions

POWERS AND FUNCTIONS OF SUPREME COURT : The Supreme Court is the highest judicial Court in India. It upholds the rule of law and also guarantees and protects citizens’ rights and liberties as given in the constitution. Therefore, the supreme court is also known as the Guardian of the Constitution. The first Supreme Court started its function as a court of record at Calcutta, and the first Chief Justice Sir Elijah impey was appointed. The court was established to resolve the disputes in Bengal, Orissa and Patna.

SUPREME COURT OF INDIA- OVERVIEW

The supreme court, the apex court is at the top of our judicial system. It is within the power of the supreme Court to supervise and control the entire judicial system.

1. Original jurisdiction
2. Appellate jurisdiction
3. Advisory jurisdiction
4. Revisory jurisdiction
5. A court of record

1.ORIGINAL JURISDICTION

Original jurisdiction of the supreme court is purely federal in character, and it has the exclusive authority to decide any dispute involving a question of law or fact.

DISPUTE BETWEEN:

• Government of India and one or more states
• Between the government of India and any state
• States on one side and one or more states on the other
• Between two or more states

SUBJECT MATTER OF DISPUTE:

Any question of law or fact on which existence or extent of legal right depends

EXCEPTIONS:

• Pre-constitution treaties, Agreements
• inter-states water disputes

2.APPELLATE JURISDICTION OF THE SUPREME COURT

 There are various Articles in the Indian Constitution under which the appeals may lie to the Supreme Court. Some of the Articles are as follows – Articles 132 – In both, civil as well as in criminal matters an appeal shall lie to the Supreme Court from any judgement of the High Court if the High Court certifies that there is a substantial question of law as regards the Constitution. The High Court would issue a certificate under Article 134A.

• The Supreme Court hears appeals against the judgement of a High Court:
• In civil cases

When in the opinion of the High Court the said question needs to be decided by the Supreme Court.

• In criminal cases

Where the High Court has convicted the accused and sentenced him to death and where the High Court certifies that the case is a fit one for appeal to the Supreme Court.

3.ADVISORY JURISDICTION

• If the President seeks advice from the Supreme Court on any issue related to public interest, the Supreme Court gives such advice.
• This advice of the Court is binding neither on the President nor on the parties affected by the opinion.

4.REVISORY JURISDICTION

• The Supreme Court is empowered to review any judgement or order made by it with a view of removing any mistake or error that might have crept in the judgement or order. This power of the Supreme Court is called Revisory Jurisdiction.
• This is done because the Supreme Court is a Court of record, its decisions have special importance and can’t be questioned in any other court.

5.COURT OF RECORD

• A Court of record is a Court where records are admitted with evidentiary value and they are not to be questioned when they are produced before the court.
• Power to punish for contempt of itself.

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FUNCTIONS OF SUPREME COURT

1. The Supreme Court gives the final verdict against an appeal from the other subsidiary court that is High Courts.
2. It acts as an institution where issues from the different governmental bodies, central government, and the state government matters are resolved.
3. As per Article 141 of the Constitution, laws passed by the Supreme Court, apply to all courts within the Indian Territory.
4. In some matters, the Supreme Court also on its own and can pass Suo moto.

CONCLUSION

          The Supreme Court is the Highest appealing body in our jurisdiction. With its establishment, justice is being proclaimed by the citizens of India. The power that are vested upon the Supreme Court are to ensure the fair trial in matters that are about the constitution of India; hence it also protects the world’s largest democratic states.

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