The Supreme Court of India oversees India’s entire legal system and is its highest court. The Supreme Court of India is the protector of India’s Constitution and makes sure that justice prevails at every level of the legal system. The Supreme Court is empowered to interpret the Constitution as well as hear appeals and resolve disputes between states and the central government.
Role and function
The Supreme Court’s primary function is to make sure that the laws passed by Parliament and state legislatures comply with the Constitution. The Supreme Court also serves as the last court of appeal for lower courts and tribunals. The Supreme Court can issue writs that enforce citizens’ rights, and prevent them from violating their rights.
Important Cases
In the past, the Supreme Court heard several landmark cases. These have left a lasting impression on Indian society. The Kesavananda Bharati Case, in which the Constitution’s basic structure was established, and Vishaka, a case that laid out guidelines to prevent sexual harassment at work, are two of the most notable.
Independency and accountability
It is intended that the Supreme Court be completely independent from both executive and legislative branch of government. On the recommendation of the collegium, the president appoints the judges. This ensures that there is no political interference in the judiciary. Supreme Court decisions and judgments also have to be accountable to India’s people.
Challenges to Reforms
The Supreme Court is faced with many challenges, including delays in justice delivery, an unresolved backlog, and corruption. The judicial reform is underway, with the use of new technology as well as the creation of special courts that expedite the cases.
You can also read our conclusion.
Indian Judiciary Supreme Court is vital in maintaining the rule of Law and providing justice to all citizens. This is crucial for the proper functioning of democratic societies and it must evolve and change to keep up with the times.
FAQs
1. What is the number of judges in India’s Supreme Court?
At present, the Supreme Court of India, which includes the Chief Justice of India, has an authorized strength of 34 justices.
2. What is the process for appointing judges to the Supreme Court of Canada?
The President appoints the judges of the Supreme Court on the advice of a collegium composed of senior magistrates, in accordance with the Supreme Court’s Second Judges Case.
3. When do Supreme Court judges retire?
The retirement age of judges at the Supreme Court is currently 65 years.
4. Does the Supreme Court have the power to hear appeals straight from High Courts of Appeal?
According to the Constitution, it is possible for the Supreme Court to hear directly appeals of High Courts.
5. What is meant by the doctrine “stare decisis” in Indian law
It is important to note that the Indian legal doctrine known as stare decisis, or ‘to stay with a case already decided’, ensures predictability and consistency in court decisions. Lower courts must follow the precedents of higher courts.
6. The Supreme Court can review their own decisions.
The Supreme Court can review its judgments in accordance with Article 137. The Supreme Court can review its own judgments under Article 137 of the Constitution.
7. What is Public Interest Litigation and how does this work at the Supreme Court of Canada?
A Public Interest Litigation (PIL) is a way for individuals or groups to present matters that are of importance to the public before the court. The public interest litigation allows individuals to bring matters of importance to the courts for people who can’t. PILs have played an important role for the Supreme Court in protecting public interests.
8. How do I file a lawsuit in the Supreme Court of Canada?
The Supreme Court can hear cases through petitions, usually filed by lawyers on behalf petitioners. The petition should include all the details of the case and any legal issues that are involved.
9. How does Supreme Court execute its judgements?
It has the authority to give orders and directions to enforce compliance with judgments. The Supreme Court can also issue penalties for non-compliance, including fines and imprisonment.
10. What is Public Interest Litigation in Indian Legal System?
Public Interest Litigation has played a key role in providing access to justice for the marginalized and vulnerable sectors of our society. The Supreme Court has been able to protect citizens’ rights and address public issues.
11. What is the Supreme Court’s contribution to protecting fundamental rights?
To protect citizens’ fundamental rights, the Supreme Court can issue writs such as mandamus and certiorari. The Supreme Court is the guardian and protector of the Constitution, ensuring that all rights are respected.
12. Does the Supreme Court have jurisdiction over cases involving violations of human rights?
It is true that the Supreme Court of India can take cognizance and hear any cases regarding the violation of the human rights of India. The Supreme Court has been a key player in protecting human rights and providing justice to victims of violations.
13. How important is the collegium in the nomination of Supreme Court Judges?
In the Second Judges Case the Supreme Court established the collegium to ensure that the judiciary had a voice in the selection of judges. The collegium system is a safeguard against interference by political parties in the process of naming judges and helps preserve the independence of judiciary.
14. What is the Supreme Court’s contribution to environmental protection in India?
In India, the Supreme Court is proactive when it comes to environmental concerns and has issued several landmark judgements in order to protect the planet. It played an important role in establishing environmental standards and encouraging sustainable development.
15. How are you addressing the Supreme Court’s backlog?
In order to deal with the large backlog of Supreme Court cases, efforts are made, such as the implementation of technology in the judicial system, the creation of special courts that expedite the cases, or the hiring of more judges, to boost the court’s capacity.
