THE Supreme Court of India, established in 1950, is considered one of the most powerful courts in the world. It is the guardian of the Constitution and has a great record of protecting people's fundamental rights, as guaranteed by the Constitution. The Court is also an arbiter between the centre and states in our federal constitutional scheme. The Court is the apex appellate court in the country and the law declared by it is binding on all courts and tribunals within India.
The judges of the Court hold security of tenure which helps them to decide cases independently, without fear or favour. The government and all authorities are duty-bound to assist the Court in implementing its orders and judgments. Thus, the Supreme Court is a great institution of constitutional governance.
The Supreme Court, ever since its establishment, decided lakhs of cases of civil, criminal and constitutional importance. The Court has also handed over dozens of advisory opinions on the request of the president of India.
Under the Constitution, the Court has been given residuary power to grant special leave to appeal in its discretion from any judgment, decree, or order passed by any court or tribunal in the country. In addition, the Court has the general appellate jurisdiction against judgments and orders of High Courts the aggrieved persons approach it by taking a certificate to file an appeal from the concerned High Courts.
However, over the years, all kinds of cases are coming to the Supreme Court and it has become a general court of appeal. This has led to a big arrear of cases. Because of this, the Court has deviated from its main function of constitutional adjudication, as envisioned by the Constitution-makers.
Bu hikaye India Legal dergisinin February 28, 2022 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Giriş Yap
Bu hikaye India Legal dergisinin February 28, 2022 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Giriş Yap
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
