by The Supreme Court of India is the highest judicial authority in the country and the guardian of the Constitution. Established under Article 124, it has original, appellate, and advisory jurisdiction. It consists of the Chief Justice and other judges appointed by the President. The Court ensures justice, upholds constitutional values, and resolves disputes between the union and states or among states. It protects the fundamental rights of citizens and acts as a final interpreter of laws. As the apex court, its decisions are binding on all lower courts. It plays a crucial role in maintaining the rule of law in India.
Powers of the Supreme Court:
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Original Jurisdiction
The Supreme Court’s original jurisdiction refers to its authority to hear certain cases first, before any other court. Under Article 131 of the Constitution, it deals with disputes between: (a) the Government of India and one or more states, (b) between two or more states, or (c) between the Centre and multiple states. These disputes often relate to the division of powers, rights, or responsibilities under the Constitution. No other court can entertain such cases. This power is crucial in maintaining the federal structure and resolving jurisdictional issues between different levels of government in a peaceful and lawful manner.
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Appellate Jurisdiction
The Supreme Court is the highest appellate authority in India. Under Articles 132 to 136, it can hear appeals against the judgments of High Courts in civil, criminal, and constitutional cases. It acts as the final interpreter of law and has the power to correct legal errors made by lower courts. Appeals can be made with a certificate from the High Court or through special leave granted by the Supreme Court (Article 136). This jurisdiction ensures uniformity in the interpretation of laws and justice delivery throughout the country, reinforcing the principles of equality and fairness in the legal system.
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Advisory Jurisdiction
Under Article 143, the President of India can seek the Supreme Court’s opinion on legal or constitutional matters of public importance. The Court may choose to respond, and while its opinion is not binding, it carries significant moral and legal weight. This power is not a judgment but an advisory input to help the President or government make informed decisions. It enhances cooperation between the judiciary and the executive and enables constitutional clarity in complex national issues. Though used sparingly, this function reinforces the Supreme Court’s role as a guide and guardian of constitutional governance.
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Judicial Review
Judicial review is the power of the Supreme Court to examine laws passed by the legislature and actions taken by the executive, and to declare them unconstitutional if they violate the Constitution. It is implied under Articles 13, 32, 131–136, and 226. This power acts as a check on the arbitrary use of authority and ensures that all laws comply with constitutional provisions. Judicial review is a fundamental aspect of the doctrine of separation of powers and upholds the supremacy of the Constitution. It protects citizens’ rights and preserves democratic values by preventing the misuse of legislative or executive power.
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Writ Jurisdiction
Under Article 32 of the Constitution, the Supreme Court has the power to issue writs for the enforcement of fundamental rights. The five writs it can issue are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. This jurisdiction ensures that no individual’s basic rights are violated by the state or any authority. Citizens can directly approach the Supreme Court when their rights are threatened. This power reflects the Court’s role as the protector of individual liberties and provides quick and effective legal remedies. It is considered the “heart and soul” of the Constitution by Dr. B.R. Ambedkar.
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Power to Punish for Contempt
The Supreme Court has the authority to punish for civil or criminal contempt under the Contempt of Courts Act, 1971. Contempt can occur when someone disrespects or disobeys court orders or lowers the authority and dignity of the court. Civil contempt involves wilful disobedience, while criminal contempt includes any act that scandalizes or lowers the authority of the court. This power helps the Supreme Court maintain its authority and ensure compliance with its decisions. It is essential for upholding the rule of law and safeguarding the sanctity and independence of the judiciary, which is crucial in a democratic setup.
Functions of the Supreme Court:
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Interpretation of the Constitution
The Supreme Court is the final interpreter of the Constitution. It settles disputes regarding constitutional provisions, meanings, and implementation. Through landmark judgments, it clarifies vague or complex clauses and establishes legal precedents for the entire nation. Its interpretations shape the evolving nature of constitutional law in India. Whether it’s about federal relations, fundamental rights, or powers of different branches of government, the Supreme Court ensures all laws and policies align with constitutional principles. This function is vital for preserving constitutional supremacy, legal certainty, and balance among the legislature, executive, and judiciary in a democratic framework.
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Protection of Fundamental Rights
The Supreme Court safeguards the fundamental rights of citizens enshrined in Part III of the Constitution. Through Article 32, individuals can directly approach the Court if their rights are violated. The Court can issue writs such as Habeas Corpus and Mandamus to provide quick remedies. It ensures that state actions do not infringe upon personal liberty, equality, freedom of speech, religion, or property. This function makes the judiciary accessible and empowers citizens against abuse of power. As Dr. B.R. Ambedkar called it, Article 32 is the “heart and soul” of the Constitution, securing justice in the Indian democracy.
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Judicial Review of Laws and Executive Actions
Judicial review empowers the Supreme Court to examine the validity of legislative enactments and executive actions. If any law or act violates the Constitution, especially fundamental rights, the Court can declare it null and void. This function ensures checks and balances within the system and prevents arbitrary use of power. It also protects the supremacy of the Constitution over all institutions. This power has been upheld in key judgments such as Kesavananda Bharati and Minerva Mills, establishing the “basic structure doctrine.” Judicial review is fundamental to upholding democratic governance, rule of law, and constitutional morality.
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Advisory Role to the President
Under Article 143, the President of India can seek the opinion of the Supreme Court on important legal or constitutional matters. This advisory jurisdiction is meant for clarification on complex issues of public interest or national concern. Although the opinion given is not binding, it carries immense legal and moral authority. For instance, the Court has been consulted on issues like Ayodhya land dispute (1994) and Presidential powers. This function allows the judiciary to guide the executive without encroaching on its domain, ensuring smooth constitutional functioning and reinforcing the collaborative role of different branches of government.
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Dispute Resolution Between Centre and States
The Supreme Court plays a vital role in resolving disputes between the Union and State governments, or among states themselves. This is under its original jurisdiction (Article 131). Conflicts may arise over laws, resources, taxation, or jurisdictional authority. By acting as a neutral arbiter, the Court ensures harmonious relations within the federal structure. Its decisions on Centre-State financial distribution, emergency powers, or administrative authority uphold cooperative federalism. This function prevents constitutional breakdowns and ensures stability by maintaining legal order and respect for the federal balance envisioned in the Constitution.
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Guardian of the Constitution
The Supreme Court serves as the ultimate guardian of the Indian Constitution. It ensures that the spirit and letter of the Constitution are preserved across all organs of government and sectors of society. Through its judgments, it enforces constitutional limits, protects democratic institutions, and upholds secularism, equality, justice, and liberty. By interpreting and evolving constitutional principles, it ensures the Constitution remains a living document. As guardian, the Court ensures that no law, policy, or action dilutes the Constitution’s integrity, thereby safeguarding democracy, rights, and the rule of law in India.
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