<–2/”>a >The Supreme Court is the highest court of The Indian Republic. Judiciary, the third organ of the government, has an important role to play in the governance. It settles the disputes, interprets laws, protects Fundamental Rights and acts as guardian of the Constitution. India has a single unified and Integrated Judicial System and that the Supreme Court is the highest court in India.
The promulgation of Regulating Act of 1773 by the King of England paved the way for establishment of the Supreme Court of Judicature at Calcutta. The Letters of Patent was issued on 26 March 1774 to establish the Supreme Court of Judicature at Calcutta, as a Court of Record, with full power & authority to hear and determine all complaints for any crimes and also to entertain, hear and determine any suits or actions against any of His Majesty’s subjects in Bengal, Bihar and Orissa. The Supreme Courts at Madras and Bombay was established by King George – III on 26 December 1800 and on 8 December 1823 respectively.
Federal Court of India was established under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts.
After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.
The Chief Justice and other judges of the Supreme Court are appointed by the President of India. While appointing the Chief Justice, the President is constitutionally required to consult such other judges of the Supreme Court as he deems proper, but outgoing Chief Justice is always consulted. Normally, the senior most judge of the Supreme Court is appointed as the Chief Justice of India, although there is no constitutional requirement to do so. While appointing other judges, the President is bound to consult the Chief Justice and other senior judges, if he deems proper.
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges – leaving it to Parliament to increase this number.
According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories.
The Supreme Court is a Court of Record. It has two implications. All its decisions and judgments are cited as precedents in all courts of the country. They have the force of law and are binding on all lower Courts, and indeed the High Courts. As a Court of Record, the Supreme Court can even send a person to jail who may have committed contempt of the court.
As a Federal Court: Supreme Court is the Federal Court of India, India being a federation; powers are divided between the Union and State governments. The Supreme Court of India is the final authority to see to it that the Division of Powers as specified in the constitution is obeyed by both the Union and the State governments. So, ARTICLE 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.
Interpreter of the Constitution and Law: The responsibility of interpreting the constitution rests on the Supreme Court. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. It interprets the constitution and preserves it. Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court for interpretation of the question of law raised.
As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in the territory of India. Appeal lies to the Supreme Court of the cases involving interpretation of the constitution. Appeals in respect of civil and criminal cases also lie to the Supreme Court irrespective of any constitutional question.
Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President.
Guardian of the Constitution: The Supreme Court of India is the guardian of the constitution. There are two points of significance of the Supreme Court’s rule as the protector and guardian of the constitution.
- First, as the highest Federal Court, it is within the power and authority of the Supreme Court to settle any dispute regarding division of powers between the Union and the States.
- Secondly, it is in the Supreme Court’s authority to safeguard the fundamental rights of the citizens.
In order to discharge these two functions it is sometimes necessary for the Supreme Court to examine or review the legality of the laws enacted by both the Union and the State Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys limited Power of Judicial Review.
Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus, Mandamas, Prohibition, and Quo-Warranto Certiorari.
Power of Judicial Review and Supreme Court: The power of the Judiciary to examine the validity of such law is called Judicial Review. The Supreme Court of India enjoys limited power of Judicial Review. Judicial Review empowers the courts to invalidate laws passed by the legislature. Supreme Court of India also enjoys the power of Judicial Review. If it occurs to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen’s fundamental rights, the Supreme Court may declare that law as unlawful or unconstitutional.
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What is the Supreme Court?
The Supreme Court is the highest court in the United States. It has nine justices who are appointed by the president and confirmed by the Senate. The Supreme Court hears cases that have been appealed from lower courts. It also has the power to strike down laws that it believes are unconstitutional.
What are the powers of the Supreme Court?
The Supreme Court has the power to decide cases that have been appealed from lower courts. It also has the power to strike down laws that it believes are unconstitutional. The Supreme Court also has the power to decide cases involving the president and other federal officials.
How are the justices of the Supreme Court appointed?
The justices of the Supreme Court are appointed by the president and confirmed by the Senate. The president nominates a justice, and the Senate votes on whether to confirm the nomination. A justice must receive a majority vote of the Senate to be confirmed.
What are the qualifications for being a Supreme Court justice?
There are no specific qualifications for being a Supreme Court justice. However, justices are typically lawyers who have served on lower courts. They are also typically appointed by presidents of their own political party.
How long do justices serve on the Supreme Court?
Justices of the Supreme Court serve for life. They can only be removed from office if they resign, retire, or are impeached and convicted by the Senate.
What are some of the most famous Supreme Court cases?
Some of the most famous Supreme Court cases include Brown v. Board of Education, which struck down racial segregation in public schools; Roe v. Wade, which legalized abortion; and Bush v. Gore, which decided the 2000 presidential election.
What is the role of the Supreme Court in American government?
The Supreme Court is the highest court in the United States. It has the power to decide cases that have been appealed from lower courts. It also has the power to strike down laws that it believes are unconstitutional. The Supreme Court plays an important role in American government by ensuring that the laws of the United States are consistent with the Constitution.
Sure, here are some multiple choice questions about the Supreme Court:
The Supreme Court is the highest court in the United States. It is made up of how many justices?
(A) 9
(B) 10
(C) 11
(D) 12The Supreme Court is responsible for deciding cases that involve the Constitution. Which of the following is not a power of the Supreme Court?
(A) Declare laws unconstitutional
(B) Elect the president
(C) Oversee the federal courts
(D) Interpret the ConstitutionThe Supreme Court has the power to overturn laws that it deems unconstitutional. This power is known as which of the following?
(A) Judicial review
(B) Statutory interpretation
(C) Original jurisdiction
(D) Appellate JurisdictionThe Supreme Court is located in which of the following cities?
(A) Washington, D.C.
(B) New York City
(C) Los Angeles
(D) ChicagoThe Supreme Court was established by which of the following?
(A) The Constitution
(B) The Bill of Rights
(C) The Judiciary Act of 1789
(D) The 14th AmendmentThe Supreme Court has nine justices. How many of these justices are appointed by the president and confirmed by the Senate?
(A) 5
(B) 6
(C) 7
(D) 8The current chief justice of the United States is who?
(A) John Roberts
(B) Clarence Thomas
(C) Samuel Alito
(D) Sonia SotomayorThe Supreme Court hears cases that are appealed from lower courts. Which of the following is not a type of case that the Supreme Court hears?
(A) Criminal cases
(B) Civil cases
(C) Constitutional cases
(D) Tax casesThe Supreme Court has the power to grant certiorari, which means that it can choose to hear a case. Which of the following is not a factor that the Supreme Court considers when deciding whether to grant certiorari?
(A) The importance of the case
(B) The likelihood that the Court will overturn the lower court’s decision
(C) The number of cases that the Court has already agreed to hear
(D) The political leanings of the justicesThe Supreme Court’s decisions are binding on all lower courts. This means that lower courts must follow the Supreme Court’s decisions when deciding cases. Which of the following is not an example of a Supreme Court decision that has had a significant impact on American Society?
(A) Brown v. Board of Education (1954), which ruled that racial segregation in public schools was unconstitutional
(B) Roe v. Wade (1973), which ruled that Women have a constitutional right to abortion
(C) Bush v. Gore (2000), which decided the outcome of the 2000 presidential election
(D) Citizens United v. Federal Election Commission (2010), which ruled that corporations and unions have the same First Amendment rights as individuals to spend Money on political campaigns
I hope these questions were helpful!