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Home/ Questions/Q 19278
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Ramakant Sharma
Ramakant SharmaInk Innovator
Asked: February 26, 20242024-02-26T13:28:42+05:30 2024-02-26T13:28:42+05:30In: Political Science

Explain the functions and jurisdiction of the Supreme Court.

Describe the Supreme Court’s powers and jurisdiction.

BPSC - 132
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    1. Ramakant Sharma Ink Innovator
      2024-02-26T13:30:45+05:30Added an answer on February 26, 2024 at 1:30 pm

      1. Introduction:

      The Supreme Court of a country holds a unique and pivotal position in its judicial system. It serves as the highest court of appeal, providing final and authoritative judgments on legal matters. The functions and jurisdiction of the Supreme Court are crucial for upholding the rule of law and ensuring justice. This discussion explores the diverse roles and powers vested in the Supreme Court.

      2. Constitutional Interpretation and Review:

      The primary function of the Supreme Court is to interpret the constitution. As the guardian of the constitution, the court ensures that laws and governmental actions conform to the constitutional framework. Through its power of judicial review, the Supreme Court has the authority to declare laws, executive orders, and governmental actions unconstitutional if they violate the fundamental principles enshrined in the constitution. This function is vital for maintaining the supremacy of the constitution and preserving the balance of powers among different branches of government.

      3. Appellate Jurisdiction:

      The Supreme Court acts as the court of last resort, possessing appellate jurisdiction over decisions made by lower courts. Individuals dissatisfied with judgments from lower courts can appeal to the Supreme Court for a final resolution. This ensures uniformity in the interpretation and application of laws throughout the judicial system. The appellate jurisdiction of the Supreme Court is not limited to civil or criminal matters but extends to constitutional questions, providing a comprehensive scope for resolving legal disputes.

      4. Original Jurisdiction:

      While the primary function of the Supreme Court is appellate, it also possesses original jurisdiction in specific cases. Article 131 of the Indian Constitution, for instance, confers original jurisdiction on the Supreme Court in disputes between the central government and states or between states. These cases allow the Supreme Court to directly adjudicate matters without the need for them to be heard and decided by lower courts first. The court's original jurisdiction ensures expeditious resolution of disputes that involve significant constitutional or federal issues.

      5. Protection of Fundamental Rights:

      The Supreme Court is the ultimate protector of fundamental rights guaranteed by the constitution. Through its power of writ jurisdiction, the court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. These writs serve as remedies for violations of fundamental rights, ensuring that individuals can seek prompt and effective relief against arbitrary actions by the state or its agencies. The court's role in safeguarding fundamental rights contributes to the preservation of individual liberties and the promotion of justice and equality.

      6. Advisory Jurisdiction:

      While not frequently invoked, the Supreme Court has advisory jurisdiction, allowing the President or the Governor to seek the court's opinion on legal matters of public importance. This advisory function is discretionary, and the court may choose whether or not to provide an opinion. The advisory jurisdiction contributes to legal clarity and assists in resolving complex constitutional questions that may arise in the course of governance.

      7. Settling Federal Disputes:

      In federal systems like India, where there is a division of powers between the central government and states, the Supreme Court plays a crucial role in settling disputes between different units of the federation. The court's jurisdiction extends to resolving conflicts arising from the distribution of powers outlined in the constitution. This function is essential for maintaining the delicate balance between the central and state governments and ensuring the smooth functioning of federal governance.

      8. Judicial Activism and Public Interest Litigation (PIL):

      The Supreme Court, at times, engages in judicial activism to address issues of public importance. Public Interest Litigation (PIL) is a mechanism through which the court can take suo motu cognizance of matters affecting public interest. This proactive role allows the court to intervene in cases where fundamental rights are at stake or where there is a failure of executive or legislative action. Judicial activism, while criticized by some, has been instrumental in promoting social justice and ensuring accountability.

      9. Conclusion:

      In conclusion, the Supreme Court serves as the keystone in the arch of a nation's judicial system. Its functions encompass constitutional interpretation, appellate and original jurisdiction, protection of fundamental rights, settling federal disputes, and, when necessary, engaging in judicial activism through PIL. The court's decisions and judgments have far-reaching implications, shaping the legal landscape and influencing the course of governance. The delicate balance between interpreting the constitution, ensuring justice, and safeguarding individual rights underscores the immense responsibility entrusted to the Supreme Court in upholding the principles of justice, equality, and the rule of law.

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