Powers and functions of Supreme Court Upsc

Powers and functions of the supreme court

Powers and functions of the supreme court

The powers and functions of the supreme court come from the constitution as it seeks the Independence of the Supreme Court Judge in different ways.

As per Article 50, by DPSP (Directive Principles of State Policy), the state must take measures to separate the judiciary from the executive.

The most powerful feature of the constitution of India is the Independence of the Judiciary. The supreme court and also the high court are empowered to frame suo moto cases.

Suo Moto cases are the ones where the court is empowered to frame cases without receiving the formal petitions/complaints that include: Contempt of court

content of the constitution by the executive, legislature, citizen, etc.

The main purpose of the Supreme court is to safeguard the constitution.

This is mentioned in the basic structure of the constitution by Article 38(1) of DPSP, where it ensures that the state/judiciary shall strive to promote the welfare of the people by securing social order in which social, economic, and political justice.

  • Article 137 of the constitution lays down a provision to review its own judgment.
  • According to the article that any law made by parliament or any rules made under Article 145, the supreme court has the power to review any judgment or order made by it.
  • The Supreme court can nullify any decision of parliament and government on basis of violation of basic features.
  • It can overrule the impeachment process of the President and Judges which is passed by the parliament on the basis of constitutional validity or basic feature.
  • Under Order XL of the Supreme Court Rules, that have been framed under its powers under Article 145 of the constitution, the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure.
  • Under Articles 129 and 142 of the constitution, the Supreme Court has been vested with the power to punish anyone for contempt of any court in India including itself(Supreme Court).
  • Article 145 of the Constitution of India gives power to the Supreme Court to frame its own rules with the approval of the President for regulating court practice and procedures.

Three versions of the rules have been published in 1950,1966, 2013. A new rooster system is introduced on 5 February 2018 for allocation of the subject to judges by this:

CJI will hear special leave petitions (SLP) and public interest matters such as social justice, elections, arbitration, criminal matters, etc. Other senior judges/ collegium will hear subjects on labor disputes, taxation, compensation, consumer protection, maritime law, mortgage, personal law, land acquisition, service, company matters, etc.

Leave a comment

* * All the Notes in this blog, are referred from Tamil Nadu State Board Books and Samacheer Kalvi Books. Kindly check with the original Tamil Nadu state board books and Ncert Books.
%d bloggers like this: