History & Civics
The judiciary is the system of courts that interprets and guards the Indian Constitution. With reference to the Supreme Court of India, answer the following:
(i) What is the composition of the Supreme Court? Why is it called the Court of Record?
(ii) Explain the power of Judicial Review.
(iii) What is meant by the term Original Jurisdiction? Mention any three cases which come under this jurisdiction.
Supreme Court
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Answer
(i) The Supreme Court of India consists of a Chief Justice of India and not more than 33 other judges, until Parliament by law prescribes a larger number of judges.
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:
- Its judgements and orders are preserved as record. These can be produced in any court as precedents.
- 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.
(ii) 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.
(iii) Original Jurisdiction means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court.
The Supreme Court exercises the power of the Original jurisdiction in the following cases:
- The Supreme Court has original jurisdiction in all disputes between the Union and States as well as between the States.
- Protection of Fundamental Rights.
- Final Interpretation of the Constitution.
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