What Are the Main Role of the Supreme Court of India

In practice, Supreme Court judges have so far been chosen, mainly from among Supreme Court judges. Only seven judges – S. M. Sikri, S. Chandra Roy, Kuldip Singh, Santosh Hegde, R. F. Nariman, U. U. Lalit, L. Nageswara Rao and Indu Malhotra – were directly appointed by the Supreme Court Bar Association (i.e. they were practising lawyers). [21] [22] The Supreme Court has administrative powers in civil, criminal or constitutional matters under Articles 132, 133 and 134 of the Constitution. In addition, under Section 136, the Supreme Court has the power to grant special permission requested by any Indian court, but not by military courts.

Among the important decisions of the Supreme Court after 2000 is the case of Coelho I.R. Coelho v. State of Tamil Nadu (judgment of 11 January 2007). It held that a constitutional amendment constituting a violation of fundamental rights which, in the Court`s view, form part of the fundamental structure of the Constitution, may be repealed depending on its impact and consequences. The judgment clearly further limits the constituent power of the Parliament with regard to the principles underlying certain fundamental rights. The judgment in the Coelho case, unlike the judgment in the Kesavananda Bharati case, reinstated the decision in the Golaknath case on the non-amendability of the Constitution for violation of fundamental rights. Section 141 provides that “the law declared by the Supreme Court shall be binding on all courts in the Indian Territory”. The legislative power of the Supreme Court is conferred by article 141 of the Constitution. The law declared by the Supreme Court is binding on all courts in the country.

[9] The appeal is filed with the Supreme Court against the Supreme Court in the following 4 categories: 4. Lok Adalats/Village Courts: These are subordinate courts at the village level that provide an alternative dispute resolution system in the villages. The Supreme Court has the power to grant an application for special leave for the final trial of the lower courts, with the exception of the courts constituted by the Armed Forces Act. However, if the judgement or order is handed down by a Supreme Court (single-judge panel), no appeal shall be lodged with the Supreme Court. 2. Deputy Judges Tribunal: If the value of the subject matter of the claim is more than Rs. 1 lakh, the Deputy Judge and additional Deputy Judge Courts may hear the claim. Article 145 of the Constitution of India empowers the Supreme Court to make its own rules (with the consent of the President) to regulate judicial practice and procedures. Three versions of the rules were published: the first in 1950, then in 1966 and 2013. [54] This section embodies the English principle of stare decisis, according to which the law must be determined, fixed, known and consistent.

Since the Supreme Court is the supreme court of the country and all courts are bound by its decisions, the decisions of the Supreme Court become a source of law in its own right. Justice Khanna is believed to have told his sister before his dissent: “I have prepared my verdict which will cost me the position of Chief Justice of India. [64] In January 1977, Justice Khanna was relieved of his duties, despite being the highest-ranking judge at the time, and the government therefore broke the convention of appointing only the longest-serving judge of India. Justice Khanna remains a legendary figure among legal fraternities in India for this decision. In 2010, the Supreme Court appealed the Delhi Supreme Court`s ruling that the position of Chief Justice of India falls within the scope of the RTI Act and can disclose information under the ITRs. [70] Although the Supreme Court supports the establishment of the CJI office under the RTI Act, the Office of the Chief Justice of India was submitted to the RTI Act by majority decision on 13.11.2019. [71] [72] In 1861, the Indian High Courts Act 1861 was enacted to create high courts for various provinces and abolish the supreme courts of Calcutta, Madras and Bombay and the Sadar Adalats in the presidential cities of their respective regions. These new high courts had the distinction of being the highest courts for all occasions until the establishment of the Federal Court of India under the Government of India Act 1935. The Federal Supreme Court is competent to settle disputes between the Länder and the Länder and to appeal against judgments of higher courts. India`s first CJI was H.

J. Kania. [4] The foundation stone of the Supreme Court building was laid on 29 October 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] The Supreme Court of India is the highest court in the country. It is the last court of appeal in the country. This is therefore an extremely important topic in the audit policy and governance sections of the UPSC. In this article, you will learn all about the Supreme Court of India for IAS audit. The main objective of the Supreme Court is to decide constitutional questions. [28] It is the duty of the judiciary to formulate suomoto cases or investigate cases/petitions against the executive or legislative branch at the earliest when laws are implemented that violate the fundamental basis and basic structure of the Constitution, since Article 38 (1) of the Political Principles guarantees that the State/judiciary strives to promote the well-being of the population, ensuring a social order in which social, economic and political justice is alive and informed in all the institutions of life. [29] According to the Indian Constitution, the Supreme Court of India is India`s highest court and the highest court of appeal. It is also the highest constitutional court with powers of judicial review. The first Supreme Court was established in Calcutta as the High Court, and the first Chief Justice, Sir Elijah Impey, was appointed. The tribunal was formed to settle disputes in Bengal, Orissa and Patna.

As a result, King George III. In 1800 and 1834, the other two supreme courts of Bombay and Madras. Civil courts provide remedies for civil wrongs committed by individuals against other individuals and organizations. Civil cases range from property disputes to breaches of contract and divorce cases. Civil courts follow the principle of ubi ius ibi remedium (the law provides for a remedy in case of injustice). Except as expressly or implied by any other applicable law, the civil courts shall have jurisdiction over all actions of a civil nature.