Powers And Functions Of Supreme Court In India Pdf To Word

Powers and functions of supreme court in india pdf to word

The Supreme Court of India is the highest judicial court under the Constitution of India , the highest constitutional court, with the power of judicial review.

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Consisting of the Chief Justice of India and a maximum of 34 judges, it has extensive powers in the form of original , appellate and advisory jurisdictions. As the constitutional court of the country, it takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals.

Powers and functions of supreme court in india pdf to word

It safeguards fundamental rights of citizens and settles disputes between various government authorities as well as the central government vs state governments or state governments versus another state government in the country. As an advisory court, it hears matters which may specifically be referred to it under the constitution by President of India.

Powers and functions of supreme court in india pdf to word

It also may take cognisance of matters on its own or suo moto , without anyone drawing its attention to them. The law declared by the supreme court becomes binding on all courts within India and also by the union and state governments.

In , the Indian High Courts Act was enacted to create high courts for various provinces and abolished supreme courts at Calcutta, Madras and Bombay and also the s adar adalats in presidency towns which had acted as the highest courts in their respective regions.

Powers and functions of supreme court in india pdf to word

These new high courts had the distinction of being the highest courts for all cases till the creation of the Federal Court of India under the Government of India Act The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeals against judgements of the high courts. The Supreme Court of India came into being on 28 January The first proceedings and inauguration, however, took place on 28 January at am, when the judges took their seats.

What are the Roles and Functions of the Supreme Court of India?

Which is thus regarded as the official date of establishment. The Supreme Court initially had its seat at the Chamber of Princes in the parliament building where the previous Federal Court of India sat from to The first Chief Justice of India was H. In , the Supreme Court moved to its present premises. The building is shaped to symbolize scales of justice with its centre-beam being the Central Wing of the building comprising the chief justice's court, the largest of the courtrooms, with two court halls on either side.

The Right Wing of the structure has the bar — room, the offices of the Attorney General of India and other law officers and the library of the court.

The Left Wing has the offices of the court.

In all, there are 15 courtrooms in the various wings of the building. The foundation stone of the supreme court's building was laid on 29 October by Dr. Rajendra Prasad, the first President of India. The main block of the building has been built on a triangular plot of 17 acres and has been designed in an Indo-British style by the chief architect Ganesh Bhikaji Deolalikar , the first Indian to head the Central Public Works Department.

It has a The court moved into the building in It portrays Mother India in the form of the figure of a lady, sheltering the young Republic of India represented by the symbol of a child, who is upholding the laws of land symbolically shown in the form of an open book. On the book, a balance beam is shown, which represents dispensation of equal justice to all.

The sculpture was made by the renowned artist Chintamoni Kar. The sculpture is just behind the statue of Mahatma Gandhi. The design of the Court's seal is reproduced from the wheel that appears on the Sarnath Lion capital of Ashoka with 24 spokes. It is also referred as the wheel of righteousness, encompassing truth, goodness and equity. The registry of the supreme court is headed by the Secretary-General who is assisted by 8 registrars, several additional and deputy registrars, etc.

Supreme Court Rules, entitle only those advocates who are registered with the supreme court, called advocates-on-record to appear, act and plead for a party in the court.

Powers and functions of supreme court in india pdf to word

Any other advocate can appear for a party along with or under instructions from an advocate-on-record. Initially, the Constitution of India provided for a supreme court with a chief justice and 7 judges.

In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and cases began to accumulate, Parliament increased the number of judges including the Chief Justice from the original 8 in to 11 in , 14 in , 18 in , 26 in , 31 in , to 34 in As the number of the judges has increased, they sit in smaller benches of two or three referred to as a division bench [15] —coming together in larger benches of five or more referred to as a constitution bench when required to settle fundamental questions of law.

A bench may refer a case before it to a larger bench, should the need arise. A citizen of India not exceeding 65 years age as per Article of the constitution who has been.

I am proud to be an Indian.

Powers and functions of supreme court in india pdf to word

India is the only country where a member of the minority Parsi community with a population of 1,67,, like myself, can aspire to attain the post of the Chief Justice of India. These things do not happen in our neighbouring countries. In practice, judges of the supreme court have been selected so far, mostly from amongst judges of the high courts. Barely seven justices— S.

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Sikri , S. Nariman , U. Lalit , L. Nageswara Rao and Indu Malhotra —have been appointed to the supreme court directly from the bar i. The Supreme Court saw its first woman judge when Justice M.

Fathima Beevi was sworn into office in In , Justice K.

Supreme Court of India

Balakrishnan became the first judge from the dalit community. In he also became the first dalit Chief Justice of India. In , Justice S. Kapadia coming from a Parsi minority community became the Chief Justice of India. Indu Malhotra is the first woman justice to be selected directly from the bar. The constitution seeks to ensure the independence of supreme court judges in various ways.

Indian High Courts Act 1861

Per Article 50 of directive principles of state policy , the state shall take steps to separate the judiciary from the executive. Independence of the judiciary, the supremacy of the constitution and rule of law are the features of the basic structure of the constitution.

The main purpose of supreme court is to decide constitutional issues. Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 1 high lighting its inevitable implementation. The word 'strive' which occurs in the Draft Constitution, in judgement, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives.

That is why we have used the word 'strive'. Otherwise, it would be open for any Government to say that the circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go. Judges used to be appointed by the president on the advice of the union cabinet. After the Second Judges' Case , no minister, or even the executive collectively, can suggest any names to the president, [30] [31] who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary.

Powers And Functions Of High Court - Indian Polity

Simultaneously, as held in that judgment, the executive was given the power to reject a recommended name. However, according to some, [ who? The collegium system has come under a fair amount of criticism. This was struck down as unconstitutional by the supreme court, in the Fourth Judges' Case , as the new system would undermine the independence of the judiciary. Once, in , the recommendation for the appointment of a judge of a high court made by the collegium of that court, had come to be challenged in the supreme court.

The court held that who could become a judge was a matter of fact, and any person had a right to question it. But who should become a judge was a matter of opinion and could not be questioned. As long as an effective consultation took place within a collegium in arriving at that opinion, the content or material placed before it to form the opinion could not be called for scrutiny in court.

Supreme court judges retire at the age of However, there have been suggestions from the judges of the Supreme Court of India to provide for a fixed term for the judges including the Chief Justice of India.

Article of the Indian constitution leaves it to the Indian parliament to determine the salary, other allowances, leave of absence, pension, etc. Article 4 of the constitution, President can remove a judge on proved misbehaviour or incapacity when parliament approves with a majority of the total membership of each house in favour of impeachment and not less than two thirds of the members of each house present.

For initiating impeachment proceedings against a judge, at least 50 members of Rajya Sabha or members of Lok Sabha shall issue the notice as per Judges Inquiry Act, When the judicial committee report finds the judge guilty of misbehaviour or incapacity, further removal proceedings would be taken up by the parliament if the judge is not resigning himself.

The judge upon proven guilty is also liable for punishment as per applicable laws or for contempt of the constitution by breaching the oath under disrespecting constitution [46]. A Person who has retired as a judge of the supreme court is debarred from practicing in any court of law or before any other authority in India.

Powers and functions of supreme court in india pdf to word

However, Supreme Court and high court judges are appointed to various posts in tribunals and commissions, after their retirement. Lawyer Ashish Goel in a recent article criticized this stating that post-retirement benefits for judges hampers judicial independence.

Jaitley famously said:"There are two kinds of judges - those who know the law and those who know the Law Minister.

Indian Judiciary: Supreme Court Part 2 - Indian Polity - SSC CGL, UPSC - by TVA

We are the only country in the world where judges appoint judges. Even though there is a retirement age, judges are not willing to retire. Pre-retirement judgements are influenced by post-retirement jobs. Article of the Constitution of India lays down provision for the power of the supreme court to review its own judgements.

As per this Article, subject to the provisions of any law made by parliament or any rules made under Article , the supreme court shall have power to review any judgment pronounced or order made by it.

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Supreme court can nullify any decision of parliament and government on the basis of violation of basic features. It can overrule the impeachment process of the President and Judges which is passed by the parliament on the basis of constitutional validity or basic features. Under Order XL of the supreme court Rules, that have been framed under its powers under Article of the constitution, the supreme court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure.

Under Articles and of the constitution the supreme court has been vested with power to punish anyone for contempt of any court in India including itself. The supreme court performed an unprecedented action when it directed a sitting minister of state in Maharashtra government , Swaroop Singh Naik, [50] to be jailed for 1-month on a charge of contempt of court on 12 May The Constitution of India under Article empowers the supreme court to frame its own rules for regulating the practice and procedure of the court as and when required with the approval of the president.

Accordingly, "Supreme Court Rules, " were framed.