Finally, the Court of Justice also has advisory powers. The President of India has the power to refer to the Supreme Court matters of public importance or disputes arising from pre-constitutional agreements. Since the Court`s inception, there have been fewer than 50 cases resulting from referral by the President (according to SCC Online). In comparison, at the beginning of 2020, nearly 60,000 cases were pending before the Court. The Supreme Court is at the top of the hierarchy of courts in India. It enjoys broad jurisdiction and is responsible for ensuring the rule of law in the country and controlling the excesses of the legislative and executive branches. It is clear that the Supreme Court was given jurisdiction that belonged to both the Federal Court and the Privy Council. Parliament can further extend the broad jurisdiction of the Court of Justice. However, no Act of Parliament may limit the inherent jurisdiction of the Court.
In developing its IPR jurisprudence, the Court has significantly relaxed the rules on standing in proceedings before constitutional courts to allow “public good-minded” individuals and organizations to address the courts on behalf of marginalized people. The Supreme Court also has very broad appellate jurisdiction over all Indian courts to the extent that it may, at its discretion, grant special leave of appeal under Article 136 of the Constitution against judgments, decrees, dispositions, convictions or orders in any case or case issued or given by a court or tribunal in the territory of India. Although proceedings before the Supreme Court derive from judgments or orders of lower courts, including supreme courts, the Supreme Court has recently begun to deal with matters involving the interest of the general public, and the court may appeal to any individual or group of persons either by filing a written request at the court`s filing office, or by writing a letter to Hon`ble the Chief Justice of India, which emphasizes the issue of public importance for the appeal to that court. Such a concept is popularly known as “public interest litigation,” and several matters of public importance have become historical affairs. This concept is unique to the Supreme Court of India, and perhaps no other court in the world has exercised this extraordinary jurisdiction. A written petition submitted to the registration desk will be treated like any other written petition. In the case of a letter addressed to the Honourable Chief Justice of India, it will be dealt with in accordance with the instructions issued for that purpose. The Supreme Court plays a very important role in our constitutional system of government.
First, as the highest court in the land, it is the court of last resort for those seeking justice. Second, through its power of judicial review, it plays a critical role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and freedoms by removing laws that violate the Constitution. Finally, it sets appropriate limits for democratic governments by ensuring that popular majorities cannot pass laws that harm and/or unduly exploit unpopular minorities. Essentially, it serves to ensure that the changing views of a majority do not undermine the core values common to all Americans, namely freedom of speech, freedom of religion, and due process. A person who has retired as a judge of the Supreme Court does not have the right to exercise any court or other authority in India. However, judges of the Supreme Court and Supreme Court are appointed to various positions in courts and commissions after their retirement. Attorney Ashish Goel criticized this in a recent article, saying that benefits for judges after retirement hinder judicial independence. [48] Former justice minister and senior Supreme Court counsel Arun Jaitley also criticized the appointment of judges to government positions after their retirement.
Jaitley said, “There are two types of judges: those who know the law and those who know the attorney general. We are the only country in the world where judges appoint judges. Although there is a retirement age, judges are not ready to retire. Early retirement judgments are influenced by post-retirement employment. [49] Article 143 of the Constitution of India confers advisory jurisdiction on the Supreme Court, which provides that the President of India may seek the opinion of the Supreme Court in the following categories: Each organ of our democracy must operate within its own sphere and cannot take charge of what is assigned to the others. Judicial activism must also operate within the confines of the judicial process, as the courts are the only forum for those harmed by administrative excesses and executive arbitrariness. Therefore, legislation adopted by the judiciary must be adopted in the rare cases mentioned above. The Supreme Court of India has three types of jurisdiction – first instance jurisdiction, appellate jurisdiction and advisory jurisdiction, as provided for in Articles 131, 133-136 and 143 of the Constitution of India, respectively. The Constitution provides that the Supreme Court has jurisdiction in the first instance and on appeal. Jurisdiction at first instance means that the Supreme Court is the first and only court to hear a case.
The Constitution limits initial jurisdiction to cases involving disputes between states or disputes between ambassadors and other high-ranking ministers. Appellate jurisdiction means that the court has the power to review decisions of lower courts. Most cases heard by the Supreme Court are appeals by lower courts. The foundation stone of the Supreme Court building was laid on October 29, 1954 by Dr. Rajendra Prasad, the first President of India. The main block of the building was built on a triangular plot of 17 hectares and designed in the Indo-British style by chief architect Ganesh Bhikaji Deolalikar, the first Indian to head the central public works department. It has a 27.6 m (90 ft 7 in) high dome and a spacious colonnaded porch. The court moved into the building in 1958. In 1979, two new wings – the east wing and the west wing – were added to the complex. The last expansion took place in 1994. [1] As a result, the scope of this discretion is exceptionally broader, giving the Supreme Court full jurisdiction over appeals.
This is a discretion of the Supreme Court, so it cannot be prosecuted on a point of law and can be granted in a final or interim judgment. It should be noted that this discretion may be linked to any aspect of constitutional, civil or criminal cases, unless it is necessarily granted against the High Court. This overview of the Supreme Court`s jurisdiction is not exhaustive. A more detailed breakdown can be found here. It can be said that the Supreme Court of India has the widest jurisdiction compared to the federal courts of other countries. In the United Kingdom, the Apex Court has no jurisdiction to interpret the Constitution. In Ireland, as in Japan, the highest courts do not have federal jurisdiction to enforce fundamental rights. The Supreme Court of Australia has no advisory jurisdiction. The Supreme Court of India (IAST: Bhāratīya Ucchatama Nyāyālaya) is the supreme judicial body of India and the highest court of the Republic of India under the Constitution. It is the highest constitutional court and has the power of judicial review. The Chief Justice of India is the Chief Justice and Chief Justice of the Supreme Court, which consists of up to 34 judges and has extensive powers in the form of trial, appellate and advisory courts.
[3] Articles 132 and 133 provide for the jurisdiction of the Supreme Court to appeal.