| The Supreme Court of India stands as the apex judicial authority in the country , entrusted with the critical role of upholding the constitution and ensuring justice prevails. Its powers are extensive and multifaceted , encompassing original , appellate , advisory , and various other jurisdictions. This article delves into the powers vested in the supreme court . Know about the powers of the Supreme Court of India in simple words in this guide. Understand its authority in justice, appeals, fundamental rights, and more. |
Key Powers of the Supreme Court
The Supreme Court has the following powers that are jurisdictions:
Original Jurisdiction of the Supreme Court
The Indian Constitutions Article 131 states that the Supreme Court has original jurisdiction over disputes :
- Between one or more States and the Government of India.
- Between one or more other states and the Indian government and any state on one side.
- Between two or more states.
This Jurisdiction is exclusive , meaning no other court can entertain such disputes . It primarily deals with cases involving the enforcement of fundamental rights against state actions.
Appellate Jurisdiction
In India the Supreme Court is the highest court of appeal, Its appellate jurisdiction can be invoked in the following Scenarios :
- Constitutional Matters :In the event that a High Court certifies that a case involves a significant legal decision regarding constitutional interpretation.
- Civil Matters :Appeals in civil cases lie to the supreme court if the High Court certifies that the case involves a substantial question of law of general Importance .
- Criminal Matters : In criminal cases , an appeal lies to the Supreme Court if the Hight Court has reversed an Acquittal and Sentenced the accused to death or Life imprisonment , or if it certifies that the case is fit for appeal to the Supreme Court .
In addition the Supreme Court may at its discretion grant special leave to appeal any judgment decree or order made by any court or tribunal in the nation under Article 136.
Advisory Jurisdiction
The President of India may request the Supreme Courts advisory opinion on any legal matter or matter of public importance under Article 143 of the Constitution. While the Courts Opinion is Advisory and not binding , it holds significant persuasive value .
Power of Judicial Review
The supreme court possesses the authority to review legislative and executive actions to ensure their conformity with the Constitution . The power of judicial review allows the Court to invalidate laws and actions that violate constitutional provisions , thereby safeguarding the supremacy of the constitution and protecting fundamental rights. Judicial review allows the supreme Court to :
- Strike down unconstitutional laws
- Prevent governmental laws
- Safeguard Fundamental rights
Writ Jurisdiction
Under Article 32 , Individuals have the right to approach the Supreme Court directly for the Enforcement of their Fundamental rights . To uphold these rights the Court can grant writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari.
This Provision Underscores the role of the Supreme Court as the Protector of Fundamental Rights .
To defend rights the court may issue five different kinds of writs :
- Habeas Corpus - Prevent illegal Detention.
- Mandamus - Directs Authorities to perform legal duties .
- Prohibition - Stops and quashes lower court decisions.
- Certiorari - Reviews and Quashes lower court decisions.
- Quo Warranto - Questions the legality of a public officeholders position.
Court of Record
As a Court of Record , the Supreme Court has Two Primary Attributes :
- Its judgement and orders are preserved as legal precedents
- It has the authority to punish for Contempt itself .
This status ensures the authority and respect of the Court are Maintained .
Review and Revisory Powers
The Supreme Court has the inherent power to review its own Judgments or orders to rectify any error or Miscarriage of Justice . This is Facilitated through review petitions filed under Article 137 of the Constitution .
Under Article 137 , the Supreme Court can reconsider its previous Judgements in case of :
- Apparent Errors.
- New Evidence.
- Legal Misinterpretation.
Contempt of Court
The Supreme Court , Under Article 129 , has the authority to penalize or entities for :
- Disobeying Court orders .
- Scandalizing or Lowering the Courts Dignity
Transfer of cases
To ensure justice is served without prejudice , the Supreme Court can Transfer Cases :
- From one High Court to another.
- Across a state from one subordinate court to another.
This Power is Exercised to uphold fairness and prevent any bias in legal proceedings.
Enforcement of Decrees and Orders
Article 142 empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it . Such decrees or order are enforceable throughout the territory of India
Conclusion
The Supreme Court of India , with its Extensive and varied Powers , Serves as the Guardian of the Constitution and the protector of fundamental rights . Its authority ensures the maintenance of the rule of law and delivery justice across the nation .
