Supreme Court of India
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Mr Pavan Duggal - Advocate at the Supreme Court of India and Chairman of the International Commission on Cyber Security Law - and his wife meet with Malcolm Johnson on the occasion of WSIS Forum 2018 - Geneva, 20 March 2018
The Apex Court
The Supreme Court of India functions as the supreme judicial authority and the ultimate court of appeal for the entire Republic of India. Its jurisdiction is vast, encompassing original, appellate, and advisory roles. As the apex constitutional court, it primarily hears appeals against judgments rendered by the High Courts of various states and tribunals.
This appellate function is critical for ensuring uniformity and correctness in the application of law across the nation. Beyond appeals, the Court possesses original jurisdiction in certain matters, such as disputes between states or between the Union and states, and advisory jurisdiction where it opines on questions of law referred by the President. The Court's decisions are binding on all other courts, as well as the Union and state governments, underscoring its paramount position in the Indian legal hierarchy.
Its establishment on January 28, 1950, marked a definitive step towards judicial independence and self-governance.
Judicial Review and the Basic Structure Doctrine
A cornerstone of the Supreme Court's power is its authority of judicial review. This enables the Court to scrutinize both ordinary legislation and constitutional amendments. The Court can invalidate laws and amendments if they are found to be inconsistent with the Constitution.
This power is particularly potent due to the 'basic structure doctrine,' a principle developed by the Court itself. This doctrine posits that while Parliament can amend the Constitution, it cannot alter its fundamental or 'basic' features, such as democracy, secularism, or the rule of law. The Supreme Court, through this doctrine, acts as a vital check on legislative power, preventing any erosion of the Constitution's core principles and safeguarding the democratic fabric of the nation.
This doctrine has been instrumental in shaping India's constitutional jurisprudence.
Guardian of Fundamental Rights and Inter-Governmental Arbiter
The Supreme Court bears the solemn responsibility of protecting the fundamental rights guaranteed to all citizens under Part III of the Constitution. These rights, including equality, freedom of speech, and protection against discrimination, are sacrosanct, and the Court acts as their ultimate defender. It can issue various writs, such as habeas corpus and mandamus, to enforce these rights.
Furthermore, the Court plays a crucial role in resolving legal disputes between the central government and the various state governments, or between different state governments. This function is essential for maintaining federal harmony and ensuring the smooth functioning of the Indian polity. Article 142 of the Constitution grants the Court inherent jurisdiction to pass any order necessary for achieving 'complete justice,' which the President is bound to enforce, highlighting the Court's extraordinary powers.
Global Standing and Evolving Role
With its expansive authority to initiate actions, its appellate jurisdiction over all subordinate courts, and its power to invalidate constitutional amendments, the Supreme Court of India is widely recognized as one of the most powerful supreme courts globally. Its decisions have far-reaching implications, influencing not only legal outcomes but also socio-economic policies and the very direction of the nation. The Court's ability to adapt and interpret the Constitution in light of contemporary challenges, as exemplified by its role in environmental law, public interest litigation, and socio-economic justice, demonstrates its dynamic nature.
Its continued evolution ensures its relevance in addressing the complex issues facing modern India and upholding the principles of justice, liberty, equality, and fraternity enshrined in its Preamble.
See also
Frequently Asked Questions
What is the Supreme Court of India?+
How does the Supreme Court check if a law is fair?+
Why can the Supreme Court stop a law that goes against the Constitution?+
What rights does the Supreme Court protect for people?+
How does the Supreme Court help the states and the central government work together?+
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