Functions of the Supreme Court of India: Upholding Justice and Constitutional Rights
The Supreme Court of India plays a crucial role in the government by resolving disputes, interpreting the Constitution, and safeguarding individual liberties. It exercises various functions including original jurisdiction, appellate jurisdiction, advisory jurisdiction, acting as a Court of Records, and as a guardian of the Constitution. Additionally, it oversees public interest litigations and serves as a check on legislative encroachment of fundamental rights.
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SUPREME COURT OF INDIA: ITS FUNCTIONS: The administration of justice is the foremost pillar of the Government. - George Washington. There is no better test of the efficiency of the Government than to consider the role that the judiciary plays in the political system. In a Federation the Judiciary has broadly three important functions apart from general functions of deciding disputes which are as follows: 1.he Supreme Court decides he disputes between the Centre and the State or between two or more States. 2.The Supreme Court interprets the provision of the Constitution of India. 3.The Supreme Court acts as the guardian of the Constitution by exercising the power of judicial review. Asim Kumar Saha, SRO -I
1 One of the greatest legacies of the British Rule in India is the Judiciary and legal set up. The Judiciary is perhaps the most important limb of the Government. The Constitution of India provides for an independent judiciary with Supreme Court at the apex and the High Courts at the State level. The Supreme Court of India is the highest tribunal of land. Part V Chapter IV (Articles 124 to 147) of the Constitution of India deals with the Union Judiciary. The Indian Judiciary is regarded as an Integrated Judiciary. India has a single system of judiciary which looks like a pyramid. On the other hand in the U.S.A. there is a Federal judiciary and State judiciary, i.e. double Judiciary. But in India starting from the lowest level at Civil Court at Sub Division level (earlier named as Munsif Court) and ending at the Supreme Court at the apex there is a single system of judiciary. SUPREME COURT OF INDIA STATE HIGH COURTS SUBORDINATE COURTS OR LOWER COURTS After its inauguration on January 28, 1950, the Supreme Court commenced its sittings in a part of the Parliament House. The Court moved into the present building in 1958. Asim Kumar Saha, SRO -I
1 WHAT ARE THE FUNCTIONS OF THE SUPREME COURT OF INDIA? 01. Original Jurisdiction 02. Appellate Jurisdiction (a) Constitutional cases (b) Civil cases (c) Criminal cases 03. Advisory Jurisdction 04. As a Court of Records 05. As a Guardian of the a Constitution 06. Public Interest Litigations 07. Miscellaneous functions Appeals by Special Leave Writ Jurisdiction Judicial Review Asim Kumar Saha, SRO -I
1 The Supreme Court is the guardian of the individual liberties and fundamental rights. It has the power to declare a law passed by any legislature null and void if it encroaches upon the fundamental rights guaranteed to the people by the Constitution. For the enforcement of fundamental rights, it can issue writs in the nature of Habeas Corpus, Mandamus, Certiorari, Prohibiton aind Qua- Warranto. A. Original Jurisdiction: It means when a case when a case goes straight to the Supreme Court without going before the subordinate Court. Article 131 of the Constitution of India provides for Original Jurisdiction. Original jurisdiction is limited to questions related between Union of India and State Governments. Asim Kumar Saha, SRO -I
1 Firstly, it shall extend to the following cases: (1) Between Central Government and one or mere States, (2) Between Central Government and one State on one hand and one or more States on the other hand, (3) Between two or more States. So it is clear that in case that in case of Original Jurisdiction no private case is considered by the Supreme Court of India. According to Article 71(1) of the Constitution of India the Supreme Court of India deals with the disputes of Election of President and Vice-President. Asim Kumar Saha, SRO -I
1 B. Appellate Jurisdiction: When a case is filed before the Hon'ble Supreme Court of India against the order passed by a lower Court then it will attract Appellate jurisdiction of the Supreme Court of India. There can be three types of cases which attracts Appellate jurisdiction of the Hon'ble Supreme Court of India. 1. Constitutional cases, 2. Civil Cases, 3. Criminal Cases. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies: (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. Asim Kumar Saha, SRO -I
1 In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is further authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court. Asim Kumar Saha, SRO -I
GRANT OF CERTIFICATE OF FITNESS TO APPEAL TO THE SUPREME COURT: Article 134A enumerates that, "Every High Court passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of 133 or clause (1) of 134,- a) may, if it deems fit so to do, on its own motion; and b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree final order or sentence determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133, or as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case. An appeal lies to the Supreme Court only after a High Court grants a certificate. Such a certificate can be granted if the following are fulfilled. Asim Kumar Saha, SRO -I 1
1 2. Article 132(1) uses the expression civil, criminal and other proceeding". The purpose of referring to other proceeding is to emphasize that adjudications made in proceedings which cannot be included in the description of civil or criminal would still fall under Article 132(1) in case they raise a substantial question of law as to the interpretation of the Constitution. There are certain proceedings which may be regarded as neither civil nor criminal e.g. proceeding for contempt of court; for exercise of disciplinary jurisdiction against lawyers or other professionals, such as chartered accountants. Article 132 excludes no decision if it involves a substantial question of constitutional interpretation provided that the decision may be characterized as a judgment decree or final order. 3. The case ought to involve a question of law as to interpretation of the Constitution. It means that decision on the question of Constitutional law should be necessary for the proper decision of the case. Asim Kumar Saha, SRO -I
1 The question of interpretation can arise only if two or more possible construction are sought to be placed on a constitutional provision- one party suggesting one construction and the other a different one. But where the parties agree on the true interpretation of a constitutional provision, or do not raise any question in respect thereof, it is not possible to hold that a question of interpretation of the Constitution has arisen. 4. The question involved must be a "substantial question". A question is not "substantial" when the law on the subject has been finally and authoritatively settled by the Supreme Court, and what remains to be done by the High Court is only to apply that interpretation to the facts before it.32 A substantial question does not mean a question of general importance but a question regarding which there is a difference in opinion Asim Kumar Saha, SRO -I
1 As a Federal Court: Supreme Court is the Federal Court of India, India being a federation; powers are divided between the Union and State governments. The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. So, Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States. Interpreter of the Constitution and Law: The responsibility of interpreting the constitution rests on the Supreme Court. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. It interprets the constitution and preserves it. Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court for interpretation of the question of law raised. Asim Kumar Saha, SRO -I
As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in the territory of India. Appeal lies to the Supreme Court of the cases involving interpretation of the constitution. Appeals in respect of civil and criminal cases also lie to the Supreme Court irrespective of any constitutional question. Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President. Guardian of the Constitution: The Supreme Court of India is the guardian of the constitution. There are two points of significance of the Supreme Court's rule as the protector and guardian of the constitution. 1 Asim Kumar Saha, SRO -I
1 First, as the highest Federal Court, it is within the power and authority of the Supreme Court to settle any dispute regarding division of powers between the Union and the States. Secondly, it is in the Supreme Court's authority to safeguard the fundamental rights of the citizens. In order to discharge these two functions it is sometimes necessary for the Supreme Court to examine or review the legality of the laws enacted by both the Union and the State Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys limited power of Judicial Review. Asim Kumar Saha, SRO -I
Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus, Mandamas, Prohibition, Quo-warranto and Certiorari. Power of Judicial Review and Supreme Court: The power of the Judiciary to examine the validity of such law is called Judicial Review. The Supreme Court of India enjoys limited power of Judicial Review. Judicial Review empowers the courts to invalidate laws passed by the legislature. Supreme Court of India also enjoys the power of Judicial Review. If it occurs to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen's fundamental rights, the Supreme Court may declare that law as unlawful or unconstitutional. If any law is inconsistent with the spirit or letter of the constitution and if the government oversteps the legal bounds, it is for the Supreme Court to see to it. 1 Asim Kumar Saha, SRO -I
1 Court Of Record: The Supreme Court is a Court of Record. It has two implications. All its decisions and judgments are cited as precedents in all courts of the country. They have the force of law and are binding on all lower Courts, and indeed the High Courts. As a Court of Record, the Supreme Court can even send a person to jail who may have committed contempt of the court. Article 141 of the Constitution of India provides "Law declared by the Supreme Court to be binding on all Courts [within the territory of India.] Asim Kumar Saha, SRO -I
WHAT IS SLP? Special Leave petition or SLP can be presented under following circumstance: SLP can be filed against any judgment or decree or order of any High Court/tribunal in the territory of India. Or, SLP can be filed in case the High Court refuses to grant the certificate of fitness for appeal to Supreme Court of India. Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. The Constitution of India under Article 136 vests the Supreme Court of India with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. 1 Asim Kumar Saha, SRO -I
This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done. "Special leave petition]" or SLP provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/ tribunal in the territory of India. Special Leave petition or SLP can be presented under following circumstance: SLP can be filed against any judgment or decree or order of any High Court/tribunal in the territory of India. Or, SLP can be filed in case the High Court refuses to grant the certificate of fitness for appeal to Supreme Court of India. Asim Kumar Saha, SRO -I 1
1 Time frame within which SLP can be filed: SLP can be filed against any judgment of High Court within 90 days from the date of judgment. Or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court. Who can file SLP? Any aggrieved party can file SLP against the judgment or order of refusal of grant of certificate. Asim Kumar Saha, SRO -I
1 Contents of SLP: This petition is required to state all the facts that are necessary to enable the court to determine whether SLP ought to be granted or not. It is required signed by Advocate on record. The petition should also contain statement that the petitioner has not filed any other petition in the High court. It should be accompanied by a certified copy of judgment appealed against and an affidavit by the petitioner verifying the same and should also be accompanied by all the documents that formed part of pleading in Lower court. to be Asim Kumar Saha, SRO -I
1 The scope of power vested with the Supreme Court of India under Article 136. The constitution of India vest "discretionary power" in the Supreme Court of India. The Supreme Court of India may in its discretion be able to grant special leave to appeal from any judgment or decree or order in any matter or cause made or passed by any Court/tribunal in the territory of India. The Supreme Court of India may also refuse to grant the leave to appeal by exercising its discretion. An aggrieved party from the judgment or decree of high court cannot claim special leave to appeal as a right but it is privilege which the Supreme Court of India is vested with and this leave to appeal can be granted by it only. Asim Kumar Saha, SRO -I
1 Judgments of various Courts of India on SLP: There is catena of judgments mentioning about the scope of power of Hon'ble Supreme Court under Article 136, the maintainability of special leave petitions. The below mentioned are some of prominent judgments mentioning about SLP. Pritam Singh v. the State [AIR1950 SC 169] Kunhayammed vs. State of Kerala (2000) 245 ITR 360 (SC) Smt. Tej Kumari vs. CIT (2001) 247 ITR 210 N. Suriyakala Vs. A. Mohan doss and Others (2007) 9 SCC 196 Asim Kumar Saha, SRO -I
REVIEW PETITION: Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgment pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgment or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgment (or order) sought to be reviewed. In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. 1 Asim Kumar Saha, SRO -I
This provision regarding review is an exemption to the legal principle of stare decisis. [The principle by which judges are bound to precedents is known as stare decisis. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases.] Furthermore, even after dismissal of a review petition, the Hon'ble Supreme Court may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice. While a civil review petition can be moved in accordance with Order XLVII,Rule1(1) of the Code of Civil Procedure,1908 a criminal review petition can be moved only on the ground of an error apparent on the face of the record. Asim Kumar Saha, SRO -I 1
1 CURATIVE PETITION: The concept of Curative petition was evolved by the Hon'ble Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where the question arose whether an aggrieved person is entitled to any relief against the final judgment/ order of the Supreme Court, after dismissal of a review petition. The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgments in exercise of its inherent powers. For this purpose the Court has devised what has been termed as a "curative" petition. In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation. This has to be certified by a senior advocate. The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgment, if available. No time limit is given for filing Curative petition. Asim Kumar Saha, SRO -I
1 CRITERIA: To entertain the curative petitions, the court has laid down certain specific conditions. Its laid down in order The requirements which are needed in order to accept the curative petitions are: 1. The petitioner will have to establish that there was a genuine violation of principles of natural justice and fear of the bias of the judge and judgment that adversely affected him. 2. The petition shall state specifically that the grounds mentioned had been taken in the review petition and that it was dismissed by circulation. 3. The curative petition must accompany certification by a senior lawyer relating to the fulfillment of the above requirements. 4. The petition is to be sent to the three senior most judges and judges of the bench who passed the judgment affecting the petition, if available. 5. If the majority of the judges on the above bench agree that the matter needs hearing, then it would be sent to the same bench (as far as possible). 6. The court could impose "exemplary costs" to the petitioner if his plea lacks merit. Asim Kumar Saha, SRO -I
