Power And Function Of Supreme Court Of India Pdf

power and function of supreme court of india pdf

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Supreme Court of India: Composition, Power and Functions

Original Jurisdiction: Cases that come directly to the supreme court are under its original jurisdiction and it settles disputes between Centre and State or Between States, Disputes concerning the election of the president and vice-president and the disputes arising out of the Implementation of Fundamental Rights. The Certificate of the High Court is necessary for appeals relating to civil, criminal and Constitutional matters, Such certificates can be granted by the high courts on their own or on the request of the parties, In some criminal cases, the accused can directly appeal to the supreme court in case of death sentence or imprisonment of more than ten years. When the fundamental rights of citizens are violated either by the government or any individual, it protects the Fundamental rights of Citizens. If the government passes any law against the constitution, the supreme court declares it unconstitutional. This Court gives legal advice to the president of India on matters of constitutional or legal importance. Intern With Us. Academic Writing.

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The Judiciary is a system of courts which interpret and apply the law. The role of the courts is to decide cases by determining the relevant facts and the relevant law , and applying the relevant facts to the relevant law. The Indian Judiciary administers a common law system in which customs , securities and legislation, all codify the law of the land. It has, in fact, inherited the legacy of the legal system established by the then colonial powers and the princely states since the midth century, and has partly retained the characteristics of practices from the ancient [3] and medieval times. The Indian Judicial system is totally managed and administrated by officers of judicial service unlike in the past when civil service officers also were part of judicial system. The expression judicial service means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.

The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. Few other courts in the world have the same authority of constitutional interpretation and none have exercised it for as long or with as much influence. A century and a half ago, the French political observer Alexis de Tocqueville noted the unique position of the Supreme Court in the history of nations and of jurisprudence. A more imposing judicial power was never constituted by any people.

The president is indirectly elected by an electoral college comprising the Parliament of India both houses and the legislative assemblies of each of India's states and territories , who themselves are all directly elected. Although Article 53 of the Constitution of India states that the president can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the president are, in practice, exercised by the prime minister a subordinate authority with the help of the Council of Ministers. India achieved independence from the British on 15 August , initially as a dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general. Ambedkar , undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November and came into force on 26 January , [4] : 26 making India a republic. The Indian constitution accords with the president, the responsibility and authority to defend and protect the Constitution of India and its rule of law. The president shall not accept any actions of the executive or legislature which are unconstitutional.


explain the powers and jurisdiction of the Supreme Court of India;. ○ appreciate the role of the Supreme Court of India as guardian of the Constitution and.


Judiciary of India

Introduction The Supreme Court in India was established through an enactment passed in pre-independent India, with the introduction of the Regulating Act, The court was established to resolve the disputes in Bengal, Orissa, and Patna. The Government of India Act, , led to the establishment of the Federal Court in India, which has vested more judicial power than the High court with original, appellate, and advisory jurisdiction. Justice Harilal Jekisundas Kania.

India is a federal State having a single and unified judicial system with three-tier structure, i. The Jurisdiction of the Supreme Court of India can broadly be categorised into original jurisdiction, appellate jurisdiction and advisory jurisdiction. Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the Constitution of India, to protect the rights and liberties of the citizens, and to uphold the values of rule of law. Hence, it is known as the Guardian of our Constitution. The Constitution of India has provided an independent judiciary with a hierarchical setup containing High Courts and Subordinate Courts under it.

To know about the powers and functions of supreme court , it is necessary to know first, about the working structure of the supreme court.

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Dulcinea V.

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Liane F.

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This article is written by Suryansh Singh , a 3rd-year law student from Indore Institute of law.

Josette L.

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The Supreme Court of India functioned from the Parliament House till it moved to the present building.

Cats2018

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Supreme Court.

Clorinda R.

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Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the Constitution of India, to protect the rights and liberties of.

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