The Supreme Court is the highest judicial authority in our country and also the highest court of appeal. Its rulings are binding on all courts at all levels of the country and also on the Union and State governments.
It safeguards the fundamental rights of citizens and settles disputes between various government authorities. It can also override the legislature in the favour of basic structures of the Indian Constitution.
It is India’s highest appeals court
As the country’s highest court of appeal, the Supreme Court has an important role in ensuring justice. It protects civil rights and liberties, strikes down laws that violate the Constitution, and sets appropriate limits on government power.
The importance of the Supreme Court cannot be overemphasized. As the final arbiter of all law and controversies, it is charged with the responsibility to uphold the “promise of equal justice under law.” It also serves as an interpreter and guardian of the Constitution.
Supreme Court is the only judicial authority in India that is not directly under the control of any other branch of the government, including the President, the Cabinet, or the Legislature. Rather, it acts independently of the government in order to do right to all people according to the law, without fear or favor, affection, or ill will.
When the Supreme Court is in session, oral arguments are heard every week on Mondays and Tuesdays. The justices then sit in conference to discuss the cases they’ve heard and to decide what to do with them.
Typically, a decision is handed down at the end of the Court’s term, which lasts from late June through early July. However, if the Court is considering emergency business, it may issue a decision sooner than that deadline.
Its authority stems from the Constitution of India, 1950. The Court has nine Justices who are appointed by the President, and confirmed by the Senate.
The chief justice, who also serves as the leader of the Court, presides over proceedings. As in American courts, the Justices wear black robes and are seated by seniority, with the Chief Justice occupying the center chair and the junior justices to his left and right.
The Court has original jurisdiction in extraordinary writs, including habeas corpus, mandamus, quo warranto, prohibition and certiorari. It has appellate jurisdiction to review the decisions of lower courts, and its decisions are binding on all other courts in the country.
It settles disputes between various government authorities
The Supreme Court is India’s highest judicial authority. Its powers include judicial review, the ability to overturn legislation passed by Parliament and to order government agencies to take action. It also functions as a court of record.
The Constitution of India, which came into existence in 1950, envisaged the creation of a Supreme Court with one Chief Justice and seven puisne Judges. The number of SC judges was increased by the Parliament and currently, there are 34 judges including the Chief Justice of India (CJI).
Under Article 13 of the Indian Constitution, the Supreme Court has the power to reject laws or executive actions that violate the Constitution’s fundamental rights. If an individual feels that their rights have been violated, they can seek a writ of certiorari in the Supreme Court to get compensation immediately.
Similarly, it can withdraw a case or cases from a High Court or two or more High Courts if it finds that the issues involved are substantial questions of law of general importance. Alternatively, it can initiate arbitration proceedings in international commercial dispute cases.
While the Supreme Court has a strong reputation for its impartiality and independence, it does have some flaws. Its slow pace of work, lack of transparency and accountability have been criticized.
In addition, the Supreme Court has been accused of allowing judges to enjoy excessive salaries and allowances. These benefits cannot be decreased except in the event of a financial emergency.
Another concern has been the adequacy of its records. It keeps records of all its proceedings and the decisions it makes, but these are not easily accessible to the public.
Despite these limitations, the Supreme Court has proven itself to be a significant institution. Its rulings are binding on all courts in India and its decisions are often considered the final word on many issues.
The Supreme Court has also been known to issue writs for compensation if a person’s rights have been violated by a government agency. It can also order the government to take certain actions on a wide range of issues, including environmental protection and the rights of marginalised groups.
It is a subordinate judicial authority
Unlike many countries, India’s judicial system has an elaborate pyramidal structure with the Supreme Court at its very top. It also has a number of subordinate courts at district, municipal and village levels.
Judiciary is a vital part of our country’s legal system. It plays an important role in settling disputes between different parties, whether civil or criminal.
The judiciary is a body that determines the facts involved in a dispute and applies the law to it. It also serves as an arbiter of legal disputes between the centre and states, or amongst states.
It has three kinds of jurisdictions—original, appellate and advisory. In India, the court has original jurisdiction to hear cases involving ambassadors or consular affairs and matters in which a state is a party; it has appellate jurisdiction over judgments of other courts; and it has advisory authority over laws that may have an effect on the constitution.
Judges of the Supreme Court are appointed by the Government. They are selected from the Indian Union civil service and receive probationary or training posts in the lower court systems before they are promoted to a higher judicial position.
They are paid on a fixed salary and are given certain allowances and facilities by the Government to help them perform their duties in their assigned areas. The National Judicial Pay Commission (NJPC) decides their pay scale and allowances, based on recommendations from the All-India Judges Association.
Once they have completed their probationary assignments and have a good track record of performance, judges may be given a permanent appointment in the civil service as a junior civil judge, a senior civil judge or a chief civil judge. They can be promoted to the next level after a period of five years in the junior division.
In addition to the regular responsibilities of a judge, they are often called to head commissions that enquire into alleged errors and omissions by public servants or conduct other judicial enquiries. They also act as arbiters of disputes between various government authorities and as a watchdog to protect the fundamental rights of citizens, as enshrined in the Constitution.
It is independent
The Supreme Court is the highest judicial authority in India. It has a wide range of powers, including judicial review power, which allows it to strike down laws and executive actions that are against the Constitution.
The independence of the judiciary is essential for fair justice in India. Its impartiality and independence is also a vital factor in ensuring that all citizens are treated equally, regardless of race, religion or caste.
A court is independent when it is free from any influence of the legislature or the executive branch of government. This ensures that the judges will be able to deliver their judgments fairly and impartially.
However, in recent times, the judiciary has found itself under attack from the executive branch. This is particularly true of the government’s interference in the selection process of judges, which is often criticized for its slow pace and lack of transparency.
One way in which the independence of the judiciary is safeguarded is by requiring the President to consult with the Chief Justice before making any appointment. This is a vital step to ensure that the judges are appointed in a manner that is completely unbiased by political considerations, according to article 124 of the Indian constitution.
Another way in which the judiciary is independent is by requiring all judges to be selected in accordance with their qualifications. This way, the courts can ensure that only well-qualified individuals are appointed to their posts.
This also helps in avoiding any bias in the courts, which is often the case in cases where the courts are under pressure to appoint or reject a judge in a timely manner. This is especially true when the court is facing a high pendency of cases, which is common in India.