<<–2/”>a >a href=”https://exam.pscnotes.com/the-supreme-court/”>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.,
The Supreme Court of India is the highest court in India. It is located in New Delhi. The Supreme Court has original, appellate, and advisory jurisdiction. It also has the power to strike down laws that it deems unconstitutional.
The Supreme Court is composed of a Chief Justice of India and 30 other judges. The Chief Justice is appointed by the President of India on the advice of the Prime Minister and the Chief Justice of India. The other judges are appointed by the President of India on the advice of the Chief Justice of India.
The Supreme Court has the power to hear appeals from the High Courts. It also has the power to hear original cases, such as those involving disputes between the states or between the central government and a state. The Supreme Court also has the power to give advisory opinions to the President of India on matters of law and public importance.
The Supreme Court is the final arbiter of the Constitution of India. It has the power to strike down laws that it deems unconstitutional. The Supreme Court also has the power to review the decisions of the High Courts.
The Supreme Court is an important institution in the Indian Democracy. It plays a vital role in upholding the Rule of Law and protecting the rights of the citizens.
The Supreme Court of India was established on 26 January 1950, the day India became a republic. The Supreme Court is the highest court in India and has jurisdiction over all parts of the country. The Supreme Court is composed of a Chief Justice of India and 30 other judges. The Chief Justice is appointed by the President of India on the advice of the Prime Minister and the Chief Justice of India. The other judges are appointed by the President of India on the advice of the Chief Justice of India.
The Supreme Court has original, appellate, and advisory jurisdiction. Original jurisdiction means that the Supreme Court can hear cases directly, without going through any lower courts. Appellate Jurisdiction means that the Supreme Court can hear appeals from lower courts. Advisory jurisdiction means that the Supreme Court can give advisory opinions to the President of India on matters of law and public importance.
The Supreme Court is the final arbiter of the Constitution of India. It has the power to strike down laws that it deems unconstitutional. The Supreme Court also has the power to review the decisions of the High Courts.
The Supreme Court is an important institution in the Indian democracy. It plays a vital role in upholding the rule of law and protecting the rights of the citizens.
The Supreme Court has played a significant role in shaping the Indian democracy. Some of the landmark decisions of the Supreme Court include:
- The Kesavananda Bharati case (1973), in which the Supreme Court upheld the Basic Structure Doctrine, which states that certain fundamental features of the Constitution cannot be amended.
- The Maneka Gandhi Case (1978), in which the Supreme Court held that the right to life includes the right to personal Liberty.
- The Indra Sawhney Case (1992), in which the Supreme Court upheld the Mandal Commission report, which recommended affirmative action for Other Backward Classes (OBCs).
- The Navtej Singh Johar Case (2018), in which the Supreme Court decriminalized homosexuality.
The Supreme Court has also played a role in protecting the rights of the citizens. Some of the landmark decisions of the Supreme Court in this regard include:
- The Olga Tellis case (1986), in which the Supreme Court held that the right to life includes the right to a healthy Environment.
- The People’s Union for Civil Liberties v. Union of India case (1995), in which the Supreme Court held that the Right To Information is a fundamental right.
- The Education-act/”>Right to Education Act (2009), which was passed by the Parliament after the Supreme Court held that the right to education is a fundamental right.
The Supreme Court is an important institution in the Indian democracy. It plays a vital role in upholding the rule of law and protecting the rights of the citizens.
The Supreme Court is the highest court in India. It is the final court of appeal and has the power to strike down laws that it deems unconstitutional. The Supreme Court also has the power to interpret the Constitution and to decide disputes between the states.
The Supreme Court is composed of a Chief Justice and 30 other judges. The Chief Justice is appointed by the President of India, on the advice of the Prime Minister and the Chief Justice of India. The other judges are appointed by the President, on the advice of the Prime Minister and the Chief Justice of India, after consultation with the Chief Justice of India.
The Supreme Court has original jurisdiction in cases involving ambassadors, other public ministers and consuls, and in cases affecting ambassadors, other public ministers and consuls. The Supreme Court also has original jurisdiction in cases between two or more states, between the Union and a state, and between two or more states and the Union.
The Supreme Court has appellate jurisdiction in all cases involving the interpretation of the Constitution. The Supreme Court also has appellate jurisdiction in all cases involving the fundamental rights guaranteed by the Constitution.
The Supreme Court has the power to strike down laws that it deems unconstitutional. The Supreme Court also has the power to interpret the Constitution and to decide disputes between the states.
The Supreme Court is a powerful institution that plays a vital role in the Indian democracy. The Supreme Court is the guardian of the Constitution and the protector of the fundamental rights of the people. The Supreme Court is also the final court of appeal and has the power to strike down laws that it deems unconstitutional.
Here are some frequently asked questions about the Supreme Court:
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What is the Supreme Court?
The Supreme Court is the highest court in India. It is the final court of appeal and has the power to strike down laws that it deems unconstitutional. The Supreme Court also has the power to interpret the Constitution and to decide disputes between the states. -
What is the role of the Supreme Court?
The Supreme Court plays a vital role in the Indian democracy. The Supreme Court is the guardian of the Constitution and the protector of the fundamental rights of the people. The Supreme Court is also the final court of appeal and has the power to strike down laws that it deems unconstitutional. -
What are the powers of the Supreme Court?
The Supreme Court has the following powers: -
Original jurisdiction in cases involving ambassadors, other public ministers and consuls, and in cases affecting ambassadors, other public ministers and consuls.
- Original jurisdiction in cases between two or more states, between the Union and a state, and between two or more states and the Union.
- Appellate jurisdiction in all cases involving the interpretation of the Constitution.
- Appellate jurisdiction in all cases involving the fundamental rights guaranteed by the Constitution.
- The power to strike down laws that it deems unconstitutional.
- The power to interpret the Constitution.
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The power to decide disputes between the states.
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How is the Supreme Court composed?
The Supreme Court is composed of a Chief Justice and 30 other judges. The Chief Justice is appointed by the President of India, on the advice of the Prime Minister and the Chief Justice of India. The other judges are appointed by the President, on the advice of the Prime Minister and the Chief Justice of India, after consultation with the Chief Justice of India. -
What is the procedure for appointing judges to the Supreme Court?
The procedure for appointing judges to the Supreme Court is as follows: -
The President of India appoints the Chief Justice of India, on the advice of the Prime Minister and the Chief Justice of India.
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The President of India appoints the other judges of the Supreme Court, on the advice of the Prime Minister and the Chief Justice of India, after consultation with the Chief Justice of India.
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What is the tenure of judges of the Supreme Court?
The tenure of judges of the Supreme Court is until they attain the age of 65 years. -
What are the qualifications for appointment as a judge of the Supreme Court?
The qualifications for appointment as a judge of the Supreme Court are as follows: -
The person must be a citizen of India.
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The person must have been a judge of a High Court for at least five years, or an advocate of a High Court for at least ten years, or a distinguished jurist in the opinion of the President.
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What are the salaries and allowances of judges of the Supreme Court?
The salaries and allowances of judges of the Supreme Court are as follows: -
The Chief Justice of India is entitled to a salary of â¹2.80 lakh per month.
- The other judges of the Supreme Court are entitled to a salary of â¹2.50 lakh per month.
- The Chief Justice of India is also entitled to a sumptuary allowance of â¹
The Supreme Court is the highest court in India. It is located in New Delhi. The Supreme Court has original jurisdiction in cases involving disputes between the central government and the state governments, and between the states themselves. It also has appellate jurisdiction in cases involving the interpretation of the Constitution. The Supreme Court is composed of a chief justice and 30 other judges. The chief justice is appointed by the president of India, and the other judges are appointed by the president on the advice of the prime minister. The Supreme Court has the power to strike down laws that it deems to be unconstitutional. It also has the power to issue writs, which are orders that can be used to enforce the Constitution.
Here are some MCQs about the Supreme Court of India:
- The Supreme Court is the highest court in India. True or False?
- The Supreme Court is located in New Delhi. True or False?
- The Supreme Court has original jurisdiction in cases involving disputes between the central government and the state governments. True or False?
- The Supreme Court has appellate jurisdiction in cases involving the interpretation of the Constitution. True or False?
- The Supreme Court is composed of a chief justice and 30 other judges. True or False?
- The chief justice is appointed by the president of India. True or False?
- The other judges are appointed by the president on the advice of the prime minister. True or False?
- The Supreme Court has the power to strike down laws that it deems to be unconstitutional. True or False?
- The Supreme Court also has the power to issue writs, which are orders that can be used to enforce the Constitution. True or False?
Answers:
1. True
2. True
3. True
4. True
5. True
6. True
7. True
8. True
9. True