Discuss the Supreme Court of India Composition, Powers and Functions.
The Supreme Court of India Composition, Powers and Functions.
Indian judiciary is very well formed with great interweaving. The judicial system is same for whole India. The Supreme Court is the head of the entire judicial system which functions as the sentinel and defender of the fundamental rights. It also works as intermediary in the issues of union and the states:
Composition of Supreme Court of India.
Supreme Court has a Chief Justice and seen other judges. The strength increases and decreases by the passing acts and laws of the parliament. Currently there are one chief justice and 2S other Judges.
Appointment: The Chief Justice of India is appointed by the President after talking to the judges of the Supreme Court and state high courts. According to the meeting of the senior judges of Supreme Court the chief justice is appointed. The President and the Chief Justice of supreme Court appoints the other judges of the Supreme Court. The Constitution through its Article 124(6) and (7) prohibits a person holding office of Supreme Court Judge from practicing law in any court of India.
Qualification: The qualifications needed for a judge of the Supreme Court are a person must be:
- A citizen of India.
- Must have been a judge of a High Court or of two such courts in succession for a period of five years or an advocate of High Court for at least 10 years or a distinguished jurist.
Term of Office and Removal: Supreme Court judge endures the office upto the age of 65 years. Judge can even resign from office by addressing his resignation to the President. He can also be dispelled from his office on the commands of the President on the grounds of misbehavior or incapacity. There is no stipulation in the Indian Constitution for the impeachment of a judge.
Seat of the Supreme Court: Supreme Court is at New Delhi. But the President can facilitate the Supreme Court’s chief justice to take a pew else’ where in India also, besides New Delhi.
Powers and Functions of the Supreme Court.
The supremacy of the Supreme Court are incredibly broad. The Supreme Court has a three-fold jurisdiction:
Original Jurisdiction: Original jurisdiction means the power to hear and determined dispute. The Supreme Court has original jurisdiction which spreads to disputes:
- Between the Government of India and one or more States.
- Between the Government of India and any state or States on one side and one or more States on the Other.
- Between two or more States.
- Disputes regarding the enforcement of fundamental rights. Supreme Court. is a federal court.
The jurisdiction shall not extend to a dispute arising out of a treaty, agreement etc. The Supreme Court’s jurisdiction also includes certain other matters of inter-State water disputes, matters of Finance Commission, adjustment of expenses. The original jurisdiction of the Supreme Court also extends to cases of violation of one’s fundamental rights.
Appellate Jurisdiction: It is the uppermost court to file your petitions from all courts in India. It attends to the appeals which are in relation to civil, criminal and constitutional matters. The appellate jurisdiction is separated into three heads:
- Civil, criminal and other cases involving interpretation of Constitution.
- Civil cases of any constitutional question.
- Criminal matters of constitutional question.
Supreme Court accepts appeals of leave, decree or final order in civil matters of any major case of judgment. In a criminal proceeding appellate jurisdiction of Supreme Court lies on reversed appeal on an instruction of exoneration by an indicted individual and sentenced him to death, where High Court has withdrawn itself and where High Court confirms to the case which is vigorous for petition.
Advisory Jurisdiction: The Supreme Court delivers its recommendations on the query of law or public importance which are mentioned and took under consideration by the President. The counsel does not binds on the President and he may or may not accept. Appeals are brought before Supreme Court under MRTP Act, Advocates Act, Contempt of Courts Act, Presidential and Vice-Presidential Act 1952.
Supreme Court also have numerous other powers like:
- The decisions of the Supreme Court are recorded and final. If any person, body or institutions show disrespect to the decisions of Supreme Court he may be punished with fine and imprisonment by the authorities.
- Decision of Supreme court is binding on all courts of India. Supreme Court can even change its decision if convinced that the earlier decision is harming public interest.
- Orders of Supreme Court are enforceable throughout India.
- Supreme Court makes rules about the practices and procedures by the approval of the President.
- Supreme Court can appoint its officers on consultation of UPSC and the President of India.
- Supreme Court hears the disputes related to the appointment of President and Vice president.
- Supreme Court can remove the members of UPSC in consultation with the President.
Judicial Review: Judicial Review means the power of Supreme Court to make a decision on the legality of legislation. When the laws are undemocratic then it may be acknowledged as null and void. Our Constitution being fundamental law of land which has to be respected and amended.
Protection of Fundamental Rights: The Supreme Court commence on the duty of preservation of fundamental rights of the people. Any person’s fundamental rights if ever been desecrated by other person or any organization then he can go to the Supreme Court. The Supreme Court makes it obligatory that the fundamental rights must be issued by passing of writs of habeas corpus, mandamus, prohibition, quo warrant and certiorari.