History & Civics
Discuss how the Constitution has ensured that the Supreme Court acts as:
(a) Custodian of the Constitution.
(b) Guardian of the Fundamental Rights.
(c) A Court of Records and its implication.
Answer
(a) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
- The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of central laws.
- The Supreme Court is the interpreter of the Constitution and its decision is final.
- It has the power to review laws passed by the Union or State legislatures.
- The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.
- The minimum number of Judges to hear and decide a case involving interpretation of the Constitution shall be five.
- The Supreme Court has the power to review all National and State laws and executive orders and declare them null and void, if they go against the provisions of the Constitution.
(b) The original jurisdiction of Supreme Court extends to cases of violation of the Fundamental Rights of individuals and the court can issue several writs for the enforcement of these rights.
- Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights.
- The Supreme Court has power to issue orders or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights.
- The Constitution prohibits the State from making any law which takes away or abridges the Fundamental Rights.
- If it does so, the law shall be declared null and void by the Supreme Court.
(c) A Court of Record is a court whose judgements are recorded for evidence and testimony.
- The judgements are in the nature of 'precedents', i.e., the High Courts and other Courts are bound to give a similar decision in a similar case. They are not to be questioned when they are produced before any subordinate court.
- The Supreme Court shall be a "Court of Record" and shall have all the powers of such a court including the power to punish for contempt of itself.
- The Court of Record has two implications:
(i) Its judgements and orders are preserved as record. These can be produced in any court as precedents.
(ii) If a person commits a contempt of court,. the court has the authority to punish him. No authority can deprive the court of this right.
Related Questions
The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:
(a) Security of Tenure of Office.
(b) Security of Salary and Allowances of the Judges.
(c) Power to punish for Contempt of itself.
The Supreme Court has extensive jurisdiction. In this context answer the following:
(a) What is meant by 'Appellate Jurisdiction'? Name two types of cases in which an appeal shall lie to the Supreme Court.
(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the Supreme Court may be required to express its opinion.
(c) What is meant by Revisory Jurisdiction of the Supreme Court?
Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following questions:
(a) What is meant by Judicial Review?
(b) What is the significance of the power of Judicial Review?
(c) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.
Study the figure and answer the following questions:
(a) Identify the building in the picture. Where is it located? What is the position of this court in the entire judicial set up in India?
(b) State three qualifications required to be the judge of this court.
(c) How does this court maintain the sanctity of the Constitution of India