Describe the powers and functions of the Supreme Court of India with special reference to judicial review.

1. Introduction:

The Supreme Court of India, established under Article 124 of the Constitution, is the apex judicial body in the country. It plays a pivotal role in upholding the rule of law and ensuring justice. The powers and functions of the Supreme Court are diverse, with judicial review being a cornerstone of its authority.

2. Original Jurisdiction:

The Supreme Court has original jurisdiction in certain matters of federal importance. Under Article 131, it can hear disputes between the Government of India and one or more states or between states themselves. This ensures that conflicts involving constitutional issues or inter-governmental disputes are adjudicated at the highest level.

3. Appellate Jurisdiction:

A significant portion of the Supreme Court's workload involves its appellate jurisdiction. It serves as the highest court of appeal in civil, criminal, and constitutional cases. Individuals or entities dissatisfied with lower court decisions can appeal to the Supreme Court, seeking a review of the judgment to ensure justice is administered consistently and in accordance with constitutional principles.

4. Writ Jurisdiction:

The Supreme Court has the power to issue writs under Article 32, which is one of the most potent tools for safeguarding fundamental rights. Individuals can directly approach the Supreme Court for the enforcement of their fundamental rights through writ petitions. The writs include habeas corpus, mandamus, certiorari, prohibition, and quo warranto, providing the court with the authority to correct administrative or executive actions violating constitutional rights.

5. Guardian of the Constitution:

The Supreme Court acts as the guardian of the Constitution, interpreting its provisions and ensuring their enforcement. Its power of judicial review allows it to scrutinize legislative and executive actions for their constitutionality. If any law or action is found to be inconsistent with the Constitution, the Supreme Court can strike it down or modify it. This role establishes the court as a crucial check on the powers of the other branches of government.

6. Judicial Review:

The power of judicial review is a distinct and potent feature of the Supreme Court's authority. It empowers the court to examine the constitutionality of laws, executive orders, and government actions. Judicial review ensures that government actions conform to the constitutional framework and do not infringe on the fundamental rights of citizens. This power is implicit in the Constitution and is an essential mechanism for maintaining the balance of powers.

7. Public Interest Litigation (PIL):

The Supreme Court, through its expansive interpretation of the right to access justice, has introduced the concept of Public Interest Litigation. This enables individuals or organizations to approach the court on behalf of those who cannot do so themselves. The court, in its PIL jurisdiction, addresses issues of public importance, often related to fundamental rights, ensuring that justice is accessible to all, especially the marginalized and vulnerable sections of society.

8. Advisory Jurisdiction:

While the primary role of the Supreme Court is to adjudicate disputes, it also has advisory jurisdiction under Article 143. The President of India can seek the court's opinion on matters of public importance or legal issues. Although non-binding, these advisory opinions carry significant weight and contribute to legal clarity in complex constitutional matters.

9. Contempt Jurisdiction:

The Supreme Court has the power to punish for contempt of court, ensuring that its authority and dignity are maintained. Contempt jurisdiction allows the court to take action against individuals or entities that obstruct the administration of justice or show disrespect towards the court's orders and judgments.

10. Conclusion:

In conclusion, the Supreme Court of India is vested with extensive powers and functions that are crucial for the administration of justice and the protection of constitutional values. Its role in judicial review, where it scrutinizes the actions of the legislative and executive branches, is fundamental in upholding the rule of law and ensuring that government actions align with constitutional principles. As the guardian of the Constitution, the Supreme Court continues to play a vital role in shaping the legal landscape of India.