Describe the duties and authority of India’s Supreme Court.
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The Supreme Court of India, established under Article 124 of the Indian Constitution, is the highest judicial authority in the country. It plays a pivotal role in interpreting the constitution, safeguarding fundamental rights, and ensuring justice. The functions and powers of the Supreme Court of India are outlined in the Constitution and include the following:
Judicial Review:
One of the primary functions of the Supreme Court is judicial review. It has the power to examine the constitutional validity of laws, executive orders, and governmental actions. Through this power, the court ensures that the actions of the government adhere to the principles and provisions of the Constitution.
Guardian of the Constitution:
The Supreme Court acts as the guardian of the Constitution and is responsible for upholding its supremacy. It interprets the Constitution to resolve legal disputes and maintains the delicate balance of power among the three branches of the government.
Protector of Fundamental Rights:
Safeguarding fundamental rights guaranteed by the Constitution is a crucial function of the Supreme Court. Citizens can approach the court directly if their fundamental rights are violated, and the court has the authority to issue writs like habeas corpus, mandamus, certiorari, prohibition, and quo warranto to protect these rights.
Adjudication of Disputes:
The Supreme Court acts as the final court of appeal and settles disputes between states, between the central government and states, and between individuals and the government. It ensures uniformity in the interpretation and application of laws across the country.
Advisory Jurisdiction:
The President of India can seek the advice of the Supreme Court on matters of public importance or legal significance. Although this power is rarely used, it allows the court to provide its opinion on constitutional or legal issues referred to it by the President.
Appointment of Judges:
The President appoints judges to the Supreme Court based on the recommendations of the Chief Justice of India and a collegium of senior judges. This power ensures the independence of the judiciary and plays a crucial role in maintaining the integrity of the judicial system.
Contempt of Court:
The Supreme Court has the authority to punish individuals for contempt of court. Contempt may be civil or criminal and is aimed at maintaining the dignity and authority of the judiciary.
Power of Judicial Review under Article 32 and 136:
Article 32 grants individuals the right to move the Supreme Court directly for the enforcement of their fundamental rights, while Article 136 gives the Supreme Court the discretionary power to grant special leave to appeal from any judgment or order.
In exercising these functions and powers, the Supreme Court acts as the final interpreter of the Constitution and ensures the rule of law. Its decisions have a far-reaching impact on the legal and political landscape of India, setting precedents and shaping the development of the country's legal system.