Supreme court of India
Table of Contents
Supreme court of India-
India is a union state.
In a federal government, there are two types of courts – first, the Union Court, which interprets and applies the laws of the Union, and second, the courts of the unit states, which interpret and apply the laws of the state.
But India’s judicial system is integrated. Dual justice system has not been adopted here.
Integrated judicial system means that there is one court for the whole of India.
The Constitution of India has established a Supreme Court at the top.
Under which there is a High Court in every state.
There are smaller courts under the High Court, thus the Supreme Court of India has more powers than any other court in the world, it controls the actions of its subordinate courts.
Our justice system is unitary. Whereas at the political level India is a union of states.
The Supreme Court of the country is located in Delhi.
integrated justice system
Supreme Court (Federal Court)
State High Courts
Justice system at district level
Appeals from District Courts are made to the High Court of States and appeals from State Courts are made to the Supreme Court.
Need and importance of Supreme Court:-
There are three organs of government: Legislature, Executive and Judiciary.
The importance of the judiciary in a democracy is to protect the Constitution and to prevent the arbitrariness and arbitrariness of the government.
India has a federal government, hence the need and importance of the Supreme Court increases.
Our judicial system has some of its own characteristics:-
(1) Principle of separation of powers:-
According to the principle of separation of powers, our Supreme Judiciary has been kept independent from the executive and legislature so that it can give impartial justice.
(2) Protection of the Constitution:-
An important duty of the Judiciary of India is to protect the Constitution of India.
If the Central or State Legislature and Executive do any work which is beyond the limits of their powers or is not within the scope of the Constitution or is not related to any article of the Constitution, then it can declare it illegal or unlawful.
3) Fundamental rights of the citizen Protection:-
Judiciary protects the fundamental rights of the citizens.
Any laws that violate fundamental rights.
Justice can be obtained by challenging such rights in court.
The Supreme Court protects fundamental rights by issuing various types of articles.
(4) Integrated Justice System:-
There is a Supreme Court in India and other courts work under it.
The President can take the opinion of the Supreme Court on constitutional or esoteric questions.
It depends on the discretion of the President to accept this opinion or not.
(6) Disputes between the Center and the States:-
The Supreme Court also does the work of settling the disputes arising between the Union Government and the State Governments on various subjects.
(7) Hearing on election petitions:-
From time to time, the ruling and opposition parties have to make various types of appeals regarding Parliament, Legislative Assemblies and other district level elections.
For fair justice, such election appeals are also heard by the Supreme Court and decisions are given on them.
(8) Other cases:-
The main function of the judiciary is to hear various civil, criminal, litigation, corruption and corruption related cases and to give rational and impartial decisions in a judicious manner, so that the governance system can run smoothly.
(9) Affordable Justice System:-
By the Union An effort has been made to ensure that the public gets quick and cheap justice, for this purpose the Government of India has also made a provision for the National Legal Services Authority Act.
In order to provide fair justice to those who are unable to bear the legal expenses themselves, arrangements have been made by the judiciary to provide lawyers and advocates to individuals on behalf of the government.
Thus we see that it is impossible to function in a federal democratic regime without the judiciary.
It performs important tasks like protecting the rights of citizens, protection of the Constitution and is a constantly dutiful watchdog of the nation.
She also works as a court of record. So that the public can get justice quickly.
Many important arrangements have been made by the Constitution to keep our justice system impartial and independent.
Independence of the Judiciary:-
Independence of the judiciary means that the judge should not be dependent on the executive, legislature and other persons or institutions during his tenure.
Therefore, a provision has been made in the Constitution that the judge can act impartially and honestly according to his conscience without coming under undue pressure from the executive and legislature.
If the judiciary is not independent then citizens will lose faith in justice.
Justice is the supreme objective of the state.
The following factors are helpful for the independence of the Supreme Court:-
(1) Limited power of the executive in appointment:-
The executive has been given limited power in the appointment of judges of the Supreme Court.
Although the appointment is made by the President but in doing so the judges are consulted.
(2) Secure tenure:-
The tenure of judges is sufficient and secure.
He cannot be removed from his post before the age of 65 years.
Before this, judges can be removed only if their misconduct or incompetence is approved by 2/3 majority in both the houses of the Parliament.
(3) Unfavorable changes are Facility:- After appointment, at any time not made in the salary, allowances, pension etc.,
free housing facilities etc.
of the judge.
Their salaries and allowances cannot be reduced except in an economic emergency.
(4) Item of expenditure Consolidated Fund From:-
The items of administrative expenditure of the Supreme Court, including salaries of judges, all salaries, allowances, retirement pensions of other officials and servants, etc.
are charged on the Consolidated Fund of India.
On which the Parliament can consider, but the approval of the Parliament is not necessary.
No judge can be removed from office before retirement.
Their salaries, allowances and expenses are payable from the Consolidated Fund of India.
(5) Restrictions on practicing law after retirement:-
To maintain the independence of the court in India, a provision has been made that no judge can practice law after retirement.
(6) Control over employees:-
The Supreme Court itself has the authority to control its employees by determining their appointment, salaries, allowances and conditions of service.
The court staff are appointed by the Chief and other judges.
The court itself determines the eligibility of the employees.
Parliament or Legislative Assembly cannot interfere in these works.
(7) No criticism on decisions:-
Parliament or State Legislatures can neither discuss any judicial work of judges nor criticize the decision of the court.
(8) No criticism on the character of judges: –
Tenure of judges
During this period, the executive, legislature, press or ordinary citizens cannot comment on the personal character and actions of the judges in public or during the case so that the judge can act impartially.
Appropriate arrangements show that the impartiality of the judiciary can establish democracy and the popularity of justice.
Constitution of Supreme Court:-
The Constitution of India provided for a Chief Justice and seven other judges for the Supreme Court,
but according to the Constitution, Parliament has been given the right to change the number as per the need.
According to the Act of 1985, the Supreme Court will consist of the Chief Justice and 25 other judges.
The Chief Justice of the Supreme Court is appointed by the President.
The President consults the Chief Justice while appointing other judges.
Apart from the Chief Justice, the Chief Justice can appoint other judges with the approval of the President.
If there is a vacancy in the post of a judge in the Supreme Court, the acting Chief Justice can also be selected.
Qualifications of judges:-
Only a person can be appointed a judge of the Supreme Court who:-
(1) Be a citizen of India.
(2) Must have worked in a High Court for 5 years.
Or has been an advocate in one or more courts for ten years.
(3) In the eyes of the President, he should be a renowned jurist.
Tenure of judge –
Judges of the Supreme Court can continue to hold office till the age of 65 years or can be removed by resignation before that.
Judges of the Supreme Court cannot be removed from their posts easily.
There is a provision for a special procedure for removing them from the post only on grounds of misconduct or disqualification.
The President issues a special order to remove any judge,
but he can issue such an order only when both Houses of Parliament request the President for this, this request cannot be made with a simple majority.
Both houses of the Parliament pass separate resolutions to appoint a judge.
You can request for removal.
This proposal should be passed by a clear majority of the total number of members in both the houses.
It is also necessary that at the time of voting on the proposal, 2/3 majority of the members present and participating in the voting support that proposal.
When the resolution so passed in the joint session of both the houses is sent to the President in the form of a request, only then the President can issue an order and remove the judge.
There is also a provision in the Constitution that no judge of the Supreme Court can practice law after retirement.
All decisions of the Supreme Court are given by the majority of the members present in the court.
There is also a provision that if a judge does not have unanimity, he can give a different decision.
Functions and powers of Supreme Court
The working powers of the Supreme Court are wide.
According to Sri Alladi Krishna Swami Iyer:- The Supreme Court of India has more powers than any other Supreme Court in the world.
The Supreme Court has many extensive powers related to initial, appellate and advisory.
These powers are as follows:-
(1). Initial Jurisdiction:-
(1) When there is a dispute between the Central Government and one or more State Governments.
(2) When one party in a dispute is the Central Government and one or more State Governments and the other party is one or more States.
(3) When there is a dispute between two or more States in which there is any triable question relating to the existence or extension of legitimate rights.
(4) Cases related to fundamental rights are also initially filed in the Supreme Court.
(2) Statements related to fundamental rights:-
If any person, institution, government or legislature violates the fundamental rights of a person, then that person can directly apply to the Supreme Court for the protection of fundamental rights.
The Supreme Court is the protector of fundamental rights, hence it hears the cases directly to protect the fundamental rights.
He protects them by issuing writs of mandamus, prohibition, habeas corpus, writs of quo warranto and certiorari etc.
This right to protect the fundamental rights of the citizen has been given to the High Courts along with the Supreme Court.
But if the citizen applies directly to the Supreme Court, then the Supreme Court can consider it.
The final decision on legal questions related to fundamental rights rests with the Supreme Court.
To protect the fundamental rights, the Supreme Judiciary issues the following articles:-
1. Prisoner Demonstration Article:-
The article is called Writ in English.
The article of habeas corpus orders the court that the person who has been arrested should be immediately presented in the court and be told the reason for his arrest.
This is an order by which a High Court can ask any lower court to compel a person or institution to perform any particular duty.
For example, if the elections of a municipal corporation are not held at the time prescribed by any law,
then the court can issue a writ of mandamus and order it to hold elections.
3. Prohibition article:-
This order is issued by the Supreme Court to its subordinate courts.
When a subordinate court is performing any judicial work which is beyond its jurisdiction,
the Supreme Court issues an order and immediately stops the hearing of such case.
4. Rights Questions:-
When a person has usurped any post or power unauthorizedly and this matter is brought to the notice of the court,
the Supreme Court, after receiving the reply of the person concerned,
concludes that he has acquired the post unauthorizedly and he should be removed from the post or power.
Can order to leave and the person holding office or power unauthorizedly has to resign from the office or power.
5. Referral article:-
The Supreme Court gives this order when it wants to get the case going on in a lower court to be heard in its court.
Upon issuance of this article,
the proceedings of the concerned case stop and the case is sent to the higher court as per instructions.
6. Guardian of the Constitution:-
The Supreme Court is the guardian of the Constitution.
In our federal system it is supreme and has the right to finally interpret the Constitution.
He sees whether the provisions of the Constitution are being followed by the executive and the legislature or not.
If the Indian Parliament or the State Legislatures make any law which is contrary to the provisions of the Constitution,
then the Supreme Court declares such law illegal.
Also, if any action is taken by the executive which is contrary to the Constitution,
then the Supreme Court can declare it illegal.
In this way, the Supreme Court fulfills its responsibility as its supreme protector by protecting and interpreting the Constitution.
(2) Right of Appeal:-
The Supreme Court has the authority to hear appeals against the decisions of its subordinate courts.
These appeals can be related to constitutional, civil, criminal and specific cases.
In fact, the judicial system of our country is integrated and the Supreme Court is the topmost link in the chain of Indian judiciary.
In our case, different types of disputes are heard at many levels.
For example, if there is a case of murder of a person,
then first of all this dispute will be heard in the District and Sessions Court.
If any party is not satisfied with his decision then he can appeal against his decision in the High Court.
If the Supreme Court is satisfied that a constitutional question is involved in such a case,
or the High Court has reversed the decision of the Sessions Court or the case is specific,
then it will be able to hear such case and its decision will be final.
It is clear that in the field of appellate matters,
the Supreme Court has the right to finally hear appeals against the decisions of all its subordinate courts and
this includes the following appeals:-
(1) Constitutional Appeal:-
If the High Court of state certifies that there is a triable question of law relating to the interpretation of the Constitution in any dispute,
then the Supreme Court can hear the appeal of such case.
If the Supreme Court is convinced that a constitutional or legal question is involved in a dispute,
it can hear an appeal in such a case even without a certificate from the High Court.
The Supreme Court can hear constitutional appeals by granting special permission.
Superior in civil case
The Supreme Court has the right to hear appeals against the decision of the court.
Appeals can be filed in the Supreme Court in all those civil cases in which the High Court certifies that the question of interpretation of law is involved in the concerned case.
If the Supreme Court itself is convinced that a dispute involves a question of interpretation of law,
then it can give permission to hear such cases even without certification by the High Court.
An appeal can be made to the Supreme Court against the decision of the High Court.
But this is possible only in the following situations.
1. When the High Court has changed the decision of the District and Sessions Court.
For example, the Sessions Judge of a district has acquitted an accused and in the same case the High Court,
while deciding the appeal, has sentenced the accused to death penalty or life imprisonment or any case pending in the Court of the Sessions Judge has been sentenced.
If the High Court has adjudicated a criminal case and awarded death penalty or life imprisonment,
then such cases can be appealed in the Supreme Court.
2. If in any criminal case the High Court has certified that the case is appealable,
then such case can be appealed in the Supreme Court.
3. If the Supreme Court wishes, it can hear the appeal of any criminal case by giving its special permission.
Apart from these appeals, the Supreme Court can hear appeals against the decision of any other court, tribunal or labor court in India except the Military Court.
The Supreme Court also has the right to hear appeals against the decisions of election petitions.
(3) Right to consultation:-
The President can seek legal advice from the Supreme Court regarding any legal matter.
If the President asks for advice from the Supreme Court on any legal question, the Supreme Court gives advice.
Whether to accept the advice or not depends on the wishes of the President and the Central Government.
Generally the President respects such advice.
When the President or the Central Government wants to obtain legal advice from the Supreme Court on any matter of public importance,
a division bench of five judges of the Supreme Court is constituted to consider it.
This division bench deliberates in an open manner and gives its opinion in the form of advice on the basis of majority.
Legal consultation has special importance.
(4) Power of review:-
The Supreme Court has the right to review its orders and decisions.
To seek review, the applicant has to submit an application to the Registrar of the Supreme Court within 30 days of the decision.
For which he wants to get it reviewed by the court.
Review is done by the division bench of judges by majority vote and the division bench can make necessary changes.
(5) Other rights, powers and Function:-
(a) Court of Records:-
The Supreme Court is also a court of records.
All judgments of this Court are published and its decisions are admissible in evidence.
Its decisions and precedents are cited in subordinate courts.
It helps in taking decisions based on the decisions of the Supreme Courts of all the subordinate courts.
The decisions of the Supreme Court have the same force as law.
(b) Right to punish for contempt of court:-
The Supreme Court also has the right to punish for contempt.
He can punish any person for defamation by fine or imprisonment.
If any person or institution or official ignores or disobeys the orders and instructions given by the Supreme Court.
He can then caution or punish for the offense of contempt of court.
Public criticism of the Court’s decisions is prohibited.
If any person or institution does this,
then the court can punish that person or institution by considering it as contempt of this court.
(c) Miscellaneous powers:-
The Supreme Court has the right to transfer any case from one court to another.
He also has the right to make rules to determine the functioning of the courts subordinate to him,
and also to investigate the allegations leveled against the members of the Federal Public Service Commission.
He appears to be more active in matters of public interest.
It has been experienced in many cases where the legislature and the executive have failed to carry out any public interest work,
there the court has protected the public interest by giving a fair interpretation and has made an unprecedented contribution in the establishment of justice.
( Supreme court of India )