Powers and Functions of the Supreme Court of India
The Supreme Court of India, established on January 28, 1950, is the apex judicial authority and the guardian of the Constitution. It is the highest court of appeal and plays a crucial role in protecting the rights of citizens and ensuring that the rule of law is upheld. The powers and functions of the Supreme Court are derived mainly from Articles 124 to 147 of the Indian Constitution.
1. Composition and Role
The Supreme Court consists of the Chief Justice of India (CJI) and a number of other judges appointed by the President. It serves as the final interpreter of the Constitution and the ultimate court of justice in the country. Its judgments are binding on all other courts in India.
2. Powers and Functions of the Supreme Court
The Supreme Court performs several important functions, which can be broadly classified as follows:
A. Original Jurisdiction
Under Article 131, the Supreme Court has original jurisdiction in disputes that:
- Occur between the Government of India and one or more States.
- Occur between two or more States.
- Involve the Union and any State(s) on one side and other State(s) on the other side.
This means that such cases can be directly filed in the Supreme Court without going to any lower court. However, this jurisdiction does not cover disputes arising out of treaties or agreements that are political in nature.
B. Appellate Jurisdiction
The Supreme Court is the highest court of appeal in India. It hears appeals from lower courts in both civil and criminal cases as well as constitutional matters. Appeals can be made in the following cases:
- Constitutional Matters – If the case involves a substantial question of law regarding the interpretation of the Constitution.
- Civil Matters – When the High Court certifies that the case involves a substantial question of law.
- Criminal Matters – When the High Court reverses an acquittal or gives a death sentence.
The decision of the Supreme Court in such cases is final and binding.
C. Advisory Jurisdiction
Under Article 143, the President of India can seek the advice of the Supreme Court on any question of law or matter of public importance. Although the advice is not binding, it holds great constitutional significance and moral authority.
D. Writ Jurisdiction
Under Article 32, the Supreme Court has the power to issue writs for the enforcement of Fundamental Rights. The five types of writs—Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto—enable the Court to protect citizens from violation of their Fundamental Rights. Dr. B. R. Ambedkar described Article 32 as the “heart and soul of the Constitution.”
E. Power of Judicial Review
The Supreme Court has the power of judicial review, which allows it to examine the constitutionality of laws passed by Parliament or State Legislatures. If a law or executive order is found to violate the Constitution, the Court can declare it null and void. This power ensures that all organs of government act within their constitutional limits.
F. Guardian of the Constitution and Fundamental Rights
The Supreme Court acts as the protector and interpreter of the Constitution. It ensures that the Fundamental Rights of citizens are not violated by any authority. Through landmark judgments such as Kesavananda Bharati v. State of Kerala (1973), it established the Basic Structure Doctrine, safeguarding the Constitution from arbitrary amendments.
G. Court of Record
Under Article 129, the Supreme Court is a Court of Record, meaning its judgments are recorded and can be cited as legal precedents in future cases. It also has the power to punish for contempt of court.
Conclusion
In conclusion, the Supreme Court of India holds a pivotal position in the Indian democratic system. It acts as the final interpreter of the Constitution, protector of Fundamental Rights, and guardian of justice. Through its various powers—original, appellate, advisory, and writ—the Supreme Court ensures that the rule of law prevails, maintaining the balance of power among the legislative, executive, and judicial branches of government.
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