Different Roles of the Supreme Court of India
- The Supreme Court of India serves as an interpreter and adjudicator in its main role. The several judicial jurisdictions are used to clarify this. The Court’s original and appellate jurisdiction provides insight into its position as an adjudicator and interpreter. Original jurisdiction is conferred on the Supreme Court under Article 131 of the Constitution. This authority is used to settle disagreements between two or more states, as well as between the Union and one or more states. Such conflicts must center on a factual or legal issue that allows for the determination of the existence and scope of legal rights.
- For instance, the Supreme Court of India may be directly sued in the exercise of its original jurisdiction over a dispute involving the sharing of a river or other natural resource between two Indian states. The Constitution’s Article 32 also grants the Supreme Court broad original jurisdiction to enforce citizens’ basic rights by issuing directives, writs, and decrees. This is sometimes referred to as the Court’s “Writ Jurisdiction.” A certificate issued by the High Court can be used to invoke the Supreme Court’s appeal authority. In both civil and criminal proceedings, an appeal against any judgment, decree, or final decision of a High Court may be brought to the Supreme Court.
- In addition to the Court’s specified appellate powers, Article 136 of the Constitution grants the Supreme Court broad appellate authority over all other courts and tribunals. A special permission to appeal and accept any judgment, decision, determination, sentence, or order in any cause or case decided or made by any court or tribunal in the territory of India may be granted by the court at its discretion. In addition to its roles as adjudicator and interpreter, the Supreme Court also serves as a consultant. Under Article 143 of the Constitution, the President may request the court’s advisory authority.
- This process, known as “Presidential Reference,” is acknowledged as being under the Court’s “Advisory jurisdiction.” Under this plan, the President may refer any legal issue or significant public fact. The Supreme Court is not obligated to respond to queries posed in the reference, though. There have only been a few mentions in the previous sixty-plus years. If the Supreme Court determines that the issues are political or socioeconomic in nature, it may decline to offer its advisory opinion.
Role of Indian Judiciary
The three pillars of the Indian administrative system are the legislature, the executive, and the judiciary. India has an independent judiciary, and other government branches are not permitted to interfere with the judiciary’s operation. The court is crucial in avoiding the arbitrary use of power and making sure that the legislative and executive branches stay within their constitutional bounds. The Indian Constitution ensures that the judiciary is shielded from the power of the government and legislature.
Key Takeaways:
- The term “judiciary” describes the part of government responsible for interpreting the law, resolving conflicts, and providing justice to all citizens.
- The judiciary is referred to as the protector of the constitution and the watchdog of democracy.
- The primary function of the judiciary is to administer justice, where the judiciary resolves disputes and delivers fair judgments based on existing laws.
- The judiciary is also empowered to examine laws passed by the legislature and actions taken by the executive to ensure they conform to the Constitution. If found incompatible, the judiciary can strike them down.
Table of Content
- Role of Courts
- Different Roles of the Supreme Court of India
- PIL Concept
- High Courts and Lower Courts
- Conclusion
- Role of the Indian Judiciary – FAQs