Functioning of the Supreme Court in India

Functioning of the Supreme Court in India

Supreme Court: Structure and Functioning

The Supreme Court of India is the highest judicial authority and serves as the final appellate court. It has multiple jurisdictions, ensuring that constitutional law is interpreted and implemented uniformly across the country. The Supreme Court’s key jurisdictions include:

  1. Original Jurisdiction (under Article 131) – The Supreme Court has exclusive jurisdiction over disputes between the central government and one or more states or between states.
  2. Appellate Jurisdiction (under Articles 132, 133, and 134) – It hears appeals from High Courts and Tribunals if substantial questions of law or constitutional matters are involved.
  3. Writ Jurisdiction (under Article 32) – Individuals can approach the Supreme Court directly for enforcement of their fundamental rights.

Advisory Jurisdiction (under Article 143) – The President of India can seek the Supreme Court’s advice on significant legal matters.

Types of Cases That Can Be Filed Directly in the Supreme Court

Types of Cases That Can Be Filed Directly in the Supreme Court

  1. Writ Petitions (Article 32) – Citizens can file petitions directly in the Supreme Court to seek protection of their fundamental rights.
  2. Special Leave Petitions (SLPs) (Article 136) – The Supreme Court may grant special leave to appeal against judgments of the High Court if a significant legal question is involved.
  3. Presidential Reference (Article 143) – The President of India may seek the Supreme Court’s opinion on legal and constitutional matters.
  4. Election Petitions (Article 71) – Disputes related to the election of the President and Vice President of India are heard by the Supreme Court.
  5. Inter-State Disputes (Article 131) – The Supreme Court resolves conflicts between states or between the central government and states.
  6. Contempt of Court (Articles 129, 142) – The Supreme Court has the authority to punish individuals for contempt of court.
  7. Public Interest Litigations (PILs) – PILs that have a nationwide impact or involve a significant constitutional question can be filed directly in the Supreme Court.
  8. Review and Curative Petitions – If a judgment of the Supreme Court is found to have errors, a review or curative petition may be filed for reconsideration.

“Functioning of the Supreme Court in India”

'' Functioning of the Supreme Court in India ''

Key Differences Between High Court and Supreme Court

Feature

High Court

Supreme Court

Jurisdiction

Covers a state or group of states

Entire India

Writ Jurisdiction

Under Article 226

Under Article 32

Appeals

From lower courts (District Courts, Tribunals)

From High Courts and Tribunals

Original Jurisdiction

Limited to state-related matters

Covers inter-state and constitutional issues

Final Authority?

No, decisions can be challenged in the Supreme Court

Yes, final interpretation of the law

Both the High Court and the Supreme Court play an essential role in the Indian judicial system, ensuring justice, upholding constitutional rights, and interpreting laws effectively. While the High Court serves as the highest judicial authority at the state level, the Supreme Court acts as the ultimate guardian of the Constitution, providing final rulings on significant legal matters.

lxadv
Lxpert

I will give you a complete account of the system, and expound the actual teachings of the great explorer of the truth,

Comments

Leave a Comment

captcha