What are the powers and functions of the Supreme Court of India?
116 Oct 2024
The Supreme Court of India is the highest judicial body in the country, with a range of powers and functions crucial to maintaining the constitutional framework and delivering justice. As the apex court, it acts as the guardian of the Constitution and interprets its provisions when necessary. The powers and functions of the Supreme Court have far-reaching implications for both the law and governance of India.
1. Judicial Powers of the Supreme Court
The primary function of the Supreme Court is to interpret the law and provide judgments in legal disputes. Its judicial powers are outlined in Articles 131 to 136 of the Indian Constitution. These powers include hearing appeals, issuing writs, and resolving disputes between the Union and State Governments.
Sub-topics under Judicial Powers:
- Original Jurisdiction: The Supreme Court has original jurisdiction in cases involving disputes between states or between the Union and any state, as mentioned under Article 131.
- Appellate Jurisdiction: The court hears appeals in civil, criminal, and constitutional matters from lower courts. This ensures the uniform application of law across the country.
- Writ Jurisdiction: The Supreme Court has the authority to issue writs for the enforcement of Fundamental Rights and other constitutional duties, as per Article 32.
- Advisory Jurisdiction: The President of India may seek the Supreme Court’s opinion on matters of law or fact under Article 143, providing advisory opinions on critical legal issues.
2. Functions of the Supreme Court
The Supreme Court performs various functions that are not limited to adjudication. It also plays a critical role in maintaining the rule of law, upholding human rights, and ensuring the functioning of the democracy. Its functions include overseeing the proper functioning of lower courts, ensuring the application of law, and providing legal clarity on complex issues.
Sub-topics under Functions:
- Guardian of the Constitution: The Supreme Court protects the Constitution by reviewing laws and policies to ensure they align with constitutional principles.
- Protector of Fundamental Rights: It has the power to issue writs and intervene when citizens" fundamental rights are violated.
- Judicial Review: The court has the power to review and declare laws or actions by the government that violate the Constitution as unconstitutional, ensuring accountability in governance.
- Control over Lower Courts: The Supreme Court supervises lower courts and ensures that they are administering justice correctly and fairly.
3. Other Significant Powers and Functions
In addition to its core judicial powers and functions, the Supreme Court also plays a significant role in other areas like judicial appointments, advisory opinions, and international law. These powers allow the court to maintain the balance between the judicial, executive, and legislative branches of government.
Sub-topics under Other Significant Powers:
- Judicial Appointments: The Supreme Court has a crucial role in the appointment and transfer of judges in the judicial system, maintaining independence and neutrality in the judiciary.
- Contempt of Court: The court can punish individuals or entities for contempt, ensuring that its orders and judgments are respected.
- Overseeing Election Petitions: The Supreme Court has jurisdiction to hear election-related disputes, ensuring the integrity of the democratic process.
- Public Interest Litigation (PIL): The court allows public-spirited individuals or organizations to file cases for public welfare, increasing access to justice for marginalized sections of society.
Key Questions for Revision
- What is the original jurisdiction of the Supreme Court of India?
The Supreme Court has original jurisdiction in disputes between states or between the Union and a state under Article 131 of the Constitution. - What is the role of the Supreme Court in protecting Fundamental Rights?
The Supreme Court has the power to issue writs to protect citizens’ Fundamental Rights and uphold justice, as per Article 32. - How does the Supreme Court act as the guardian of the Constitution?
The Supreme Court ensures that laws and policies adhere to constitutional principles and safeguards against unconstitutional actions by the government. - What is Judicial Review?
Judicial Review is the power of the Supreme Court to review laws and actions to ensure they do not violate the Constitution.
The Supreme Court of India plays a crucial role in safeguarding the Constitution and ensuring the proper functioning of democracy. Its powers and functions are integral to the protection of fundamental rights, upholding justice, and ensuring that the rule of law prevails in the country.
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