Authored By: Sarabjit Thakur
Sister Nivedita University
The Supreme Court is the highest court in a nation, and it’s the final decision maker as well as protector of the constitution and the basic rights. It is the ultimate appellate court and possesses expansive powers to interpret law, settle disputes, and uphold justice. This article discusses the history, formation, jurisdiction, powers, and importance of the Supreme Court, taking the Supreme Court of India as a typical case of a constitutional top court.
Historical Background and Founding,
The Supreme Court generally develops from the previous judicial systems that aim to consolidate legal interpretation in dierent areas and settle dierences between central and state governments. For instance, the Supreme Court of India succeeded the Federal Court of India and the Judicial Committee of the Privy Council after independence, commencing in January 1950 when the Constitution of India came into eect. Initially, it had one Chief Justice and seven puisne judges, but the number has since expanded to 34 judges including the Chief Justice to meet the growing judicial needs.
Structure and Composition,
The Supreme Court is typically headed by a Chief Justice and a fixed number of other judges appointed by constitutionally prescribed methods. In India, they are appointed by the President based on the recommendation of a collegium of senior judges. The judges remain in oce till the age of 65, ensuring independence for delivering unbiased justice. The Court functions from its principal seat with administrative powers resting in the Chief Justice for organizational issues.
Jurisdiction of the Supreme Court,
The jurisdiction of the Supreme Court is wide and can be divided into three broad categories:
– Original Jurisdiction: Exclusive jurisdiction over conflicts between the federal government and a state or states, or inter-state conflicts. It also consists of enforcing Fundamental Rights and issuing writs like habeas corpus, mandamus, certiorari, prohibition, and quo warranto to safeguard those rights. For instance, conflicts over the President’s or Vice-President’s election are included under this jurisdiction.
– Appellate Jurisdiction: The Supreme Court is the last court of appeal for civil, criminal, and constitutional cases. It hears appeals against High Court and other courts and tribunals’ judgments. It also has the discretionary authority to grant special leave to appeal on cases of important questions of law—these are referred to as Special Leave Petitions (SLPs), which form the bulk of its caseload.
– Advisory Jurisdiction: The Court can be required by the Head of State (like the President of India) to oer advice on significant legal issues or constitutional issues. Advisory references are few but significant in resolving uncertainties in constitutional law.
Powers and Functions,
The powers of the Supreme Court derive primarily from constitutional provisions, bestowing it with a number of functions:
– Defender of the Constitution: The Court defends the Constitution by guaranteeing that all laws and executive actions are consistent with constitutional requirements. The Court exercises the power of judicial review, allowing it to invalidate unconstitutional legislation or government action.
– Guardian of Fundamental Rights: According to Article 32 of the Indian Constitution, a model followed by numerous other nations, citizens are entitled to approach the Supreme Court directly if their fundamental rights are infringed. The Court may enforce such rights by suitable writs.
– Court of Last Appeal: Its decisions are final on all other courts in the nation, and they see uniform application and interpretation of law across the nation.
– Settling Federal Disputes: The Supreme Court keeps various levels of government in harmony by settling center-state or inter-state disputes, thus upholding the federal system.
– Suo Motu Cognizance: The Court is allowed to accept cases on its own initiative when it feels that there is an issue of public importance or infringement of rights, without a petition.
– Contempt of Court: Being a court of record, the Supreme Court can punish contempt in order to maintain its dignity and establish respect for the judicial process.
Significance in the Legal System,
The Supreme Court plays a central role in maintaining the rule of law, making justice available and protecting rights. Its decisions can bring considerable social and political transformation through an impact on laws, administrative decisions, and governance. The position of the Court as a neutral and authoritative body consolidates public trust in the judiciary and enhances democratic rule.
Additionally, by dealing with an enormous range of cases, such as constitutional disputes, human rights matters, and federal conflicts, the Supreme Court is a unifying body for the legal system of the country.
Conclusion,
The Supreme Court is the very spirit of a constitutional democracy in that it is the final court of law with a constitutional mandate to ensure the Constitution, defend citizens’ rights, and establish judicial order. Its original, appellate, and advisory jurisdictions are the broad powers of the Supreme Court to adjudicate contentious disputes and interpret laws finally. With its vast powers, the Supreme Court is still the protector of justice and the last resort for millions who want to ensure fairness and legal redressal.
This vital institution’s rulings and activities reverberate beyond courts, determining governance, society, and the rule of law itself. The Supreme Court is not only a court of law but an embodiment of justice, equity, and constitutional supremacy in any democratic state.
