This blog is inscribed by Thejaswini Sivapuram.
· The Apex Court of India i.e., the Supreme Court was inaugurated on January 28th, 1950.
· It was established under the Government of India Act, 1935.
· ‘Part V’ of the Constitution from ‘Articles 124-147’ deals with the powers, jurisdiction, procedures of the Supreme Court.
· There are ‘34 judges’ in the Supreme Court including the Chief Justice of India.
Article 124 - It states that, ‘There shall be a Supreme Court of India’.
The Highest court of Appeal -
The Supreme Court is also known as the highest court of appeal as it takes up appeals against the verdicts given by the High courts.
Guardian of our Constitution -
As the Supreme Court protects the rights& liberties of the citizens it is known as the Guardian of our Constitution.
Various Jurisdictions of the Supreme Court:
1) Article 129 -Supreme Court to be a court of record
The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Court of record - It means that the acts & proceedings are enrolled for a perpetual memorial & testimony. It also has the power to fine & imprison for the contempt of its authority itself.
ü The decisions of the Supreme Court are very important because they can’t be questioned again in any court.
ü The power to punish for the contempt of court which also includes the contempt of itself.
2) Article 131 - Original jurisdiction of the Supreme Court in any dispute extends,
ü Between the Government of India & one/more states
ü Between the Government of India &any state, one/more other states on the other side.
ü Between two/more states when there arises a dispute based on the question of law & fact on which the existence/extent of a legal right depends.
3) Article 132 - Appellate jurisdiction of the Supreme Court in appeals from High courts in certain cases.
If the High court certifies under ‘Article 134-A’, that the case involves a substantial question of law as to the interpretation of the Constitution, then an appeal shall lie to the Supreme Court from any judgment/decree/order of the High court either in civil/criminal/other proceedings.
In civil appeal cases:
ü Article 133 - Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters,
· If the case involves a substantial question of law i.e., of general importance
· In the opinion of the High Court, that said question needs to be decided by the Supreme Court.
In criminal appeal cases:
ü Article 134 - Appellate jurisdiction of the Supreme Court in regard to criminal matters
· An appeal shall lie to the Supreme Court from any order/decree/sentence of the High Court in a criminal proceeding in two ways
a) Without a certificate of High court
b) With a certificate of High court
Without a certificate of High court, if the High court,
i. On an appeal has reversed the order of acquittal of an accused & sentenced him to death.
ii. Has withdrawn for trial before itself any case from any court subordinate to its authority in such a trial convicted the accused & sentenced him to death.
4) Article 141 - Law declared by the Supreme Court to be binding on all the courts
ü The other courts while applying the decision of the Supreme Court has to majorly focus on the Ratio Decidendi & not the obiter dicta, facts of the case.
ü The whole judgment has to be read so as to determine the application in light of the questions presented before the court.
ü This judgment will be used as a precedent only when it resolves a question of law.
Types of Precedents –
i. Authoritative/Binding precedent; these decisions have to be followed by the judges whether they approve it (or) not. They act as Binding authorities. They denote the High court decisions which are binding on the lower courts.
ii. Original Precedent; in these cases the question of law has not been decided before, so the decision of the judge becomes original.
iii. Declaratory Precedent; in these cases while deciding, an application of an already existing law is used.
iv. Persuasive Precedent; these are not the binding authority. But it can be used while deciding a case when the court finds it relevant.
Example - The decision of one High Court acts as a Persuasive Precedent to the other
High Courts.
5) Article 143 - Power of President to consult Supreme Court
ü It confers advisory jurisdiction.
ü Sometimes, the President may seek the advice of the Supreme Court regarding matters of public importance if he thinks that it is expedient to obtain such opinion[1].
ü The President may either follow it (or) not as it is only advisory[2].
6) Article 32 - Remedies for the enforcement of rights conferred by this Part.
The Supreme Court has a writ jurisdiction under which it acts as a guarantor & protector of the Fundamental Rights.
There are 5 types of writs-
i. Habeas corpus - This is a Latin term which literally means ‘you may have the body’. If a person is found to be illegally detained then this writ is issued so as to release him & ensure the liberty & freedom of such detainee.
ii. Mandamus - This Latin word literally means ‘we command’. It is an order issued either by the High court/Supreme Court to a lower court/tribunal/public authority when they fail to perform a public duty.
iii. Certiorari - This Latin word literally means ‘to inform’. It means to be certified. It can be issued by the High Court & Supreme Court under ‘Article 226 & 32’ respectively to quash the orders already passed by the inferior courts/tribunals/quasi-judicial authority when such orders are passed without/exceeding jurisdiction (or) if it is against the principles of natural justice.
iv. Prohibition - It means ‘to forbid/stop’, generally a stay order. It is issued either by the High court/Supreme Court to any inferior court/quasi-judicial authority to prohibit the continuing of proceedings in a particular case where it has no jurisdiction.
v. Quo-warranto - It literally means ‘by what authority’. It is issued to control the executive actions while making the appointment to public office[3].
Thus, the Supreme Court of India in these ways ensures that there is no violation of rights to the citizens. As it has the power to issue directions accordingly to the needy.
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