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Ramakant Sharma
Ramakant SharmaInk Innovator
Asked: March 1, 20242024-03-01T16:08:26+05:30 2024-03-01T16:08:26+05:30In: Political Science

Discuss the powers and functions of the Supreme Court of India and its role as the protector of the Constitution.

Talk about the duties and authority of the Indian Supreme Court and how it upholds the Constitution.

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    1. Ramakant Sharma Ink Innovator
      2024-03-01T16:09:15+05:30Added an answer on March 1, 2024 at 4:09 pm

      Supreme Court of India: Powers and Functions

      1. Constitutional Background:
      The Supreme Court of India, established under Article 124 of the Constitution, is the highest judicial body in the country. It plays a pivotal role in upholding the rule of law, interpreting the Constitution, and ensuring justice. The powers and functions of the Supreme Court are outlined in various provisions of the Constitution.

      2. Original and Appellate Jurisdiction:
      The Supreme Court possesses both original and appellate jurisdiction. In its original jurisdiction, it has exclusive authority to hear disputes between the central government and one or more states or between states. In its appellate jurisdiction, the Supreme Court hears appeals from various courts, including the High Courts and other tribunals, ensuring uniformity in the interpretation of laws.

      3. Judicial Review:
      One of the most significant powers of the Supreme Court is its authority of judicial review. Under Article 13, the Court can declare laws, including constitutional amendments, void if they are found to be inconsistent with the Constitution. This power acts as a crucial check on legislative and executive actions, ensuring their conformity with constitutional principles.

      4. Protector of Fundamental Rights:
      The Supreme Court serves as the guardian of Fundamental Rights guaranteed by the Constitution. Articles 32 and 226 empower individuals to directly approach the Supreme Court or High Courts for the enforcement of their Fundamental Rights. Through its judgments, the Supreme Court has expanded the scope of Fundamental Rights and safeguarded citizens against arbitrary state actions.

      5. Advisory Jurisdiction:
      While not frequently utilized, the Supreme Court possesses advisory jurisdiction under Article 143. The President can seek the Court's opinion on questions of law or fact that may have arisen or are likely to arise. This power allows the Court to provide non-binding opinions on important legal issues, contributing to constitutional clarity.

      6. Settling Inter-State Disputes:
      The Supreme Court plays a vital role in settling inter-state disputes. Article 131 grants the Court exclusive jurisdiction over disputes between states or between the central government and states. This power ensures a constitutional forum for the resolution of conflicts, fostering federal harmony.

      7. Power of Contempt:
      To maintain the dignity and authority of the judiciary, the Supreme Court has the power of contempt. It can punish individuals for contempt of court, ensuring that the authority and integrity of the judicial process are respected and protected.

      8. Public Interest Litigation (PIL):
      The Supreme Court, recognizing the need for justice beyond individual grievances, has innovatively used the tool of Public Interest Litigation. This allows the Court to address issues affecting the public interest directly, even without a petitioner. It has been a powerful instrument for social justice, environmental protection, and the enforcement of accountability.

      9. Appointment and Removal of Judges:
      The Supreme Court also has a role in the appointment and removal of judges. The President appoints judges based on the recommendations of the Chief Justice and a collegium of senior judges. The Court has the power to initiate the removal process of judges through impeachment, ensuring judicial independence and accountability.

      10. Role as the Guardian of the Constitution:
      The overarching role of the Supreme Court is to act as the guardian of the Constitution. It interprets the Constitution's provisions, ensures the separation of powers, and safeguards the basic structure of the Constitution. Through landmark judgments, the Court has upheld democratic values, protected minority rights, and strengthened the constitutional fabric.

      Conclusion:
      In conclusion, the Supreme Court of India, as the apex judicial authority, wields significant powers and functions that are crucial for upholding the rule of law and ensuring justice. Its role as the protector of the Constitution, through judicial review, safeguarding fundamental rights, settling disputes, and promoting public interest, highlights its pivotal position in India's constitutional framework. The Supreme Court's commitment to the principles of justice, equality, and constitutional morality reinforces its status as the custodian of the nation's legal conscience.

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