In the light of judicial review discuss the power and functions of the supreme court of India

In the light of judicial review discuss the power and functions of the supreme court of India



The Supreme Court of India is the highest judicial authority in the country and plays a vital role in upholding the rule of law and ensuring justice. In this discussion, we will explore the power and functions of the Supreme Court of India, particularly in the context of judicial review:


Judicial Review:

One of the primary powers of the Supreme Court is judicial review. Judicial review refers to the authority of the court to review the constitutionality of laws, executive actions, and government decisions. The Supreme Court has the power to strike down laws and actions that are found to be inconsistent with the provisions of the Indian Constitution. This power ensures the protection of fundamental rights, the enforcement of constitutional principles, and the maintenance of the constitutional balance of power.


Constitutional Interpretation:

The Supreme Court has the authority to interpret the provisions of the Indian Constitution. It plays a crucial role in defining the scope and meaning of constitutional provisions, resolving disputes regarding constitutional interpretation, and providing guidance to lower courts, government bodies, and citizens. The Supreme Court's interpretations shape the understanding of the Constitution and have far-reaching implications for the legal and social landscape of the country.


Dispute Resolution:

The Supreme Court acts as the final court of appeal in the Indian judicial system. It has the power to hear and adjudicate on a wide range of disputes, including civil, criminal, and constitutional matters. The Supreme Court's decisions provide finality to legal disputes, and its judgments have precedential value, meaning they serve as authoritative legal interpretations for future cases. Through its decisions, the Supreme Court sets legal principles and establishes legal standards for the entire country.


Protection of Fundamental Rights:

The Supreme Court has a crucial role in protecting and enforcing fundamental rights guaranteed by the Indian Constitution. It safeguards individual liberties and ensures that citizens' fundamental rights are not violated by the government or any other authority. The Supreme Court has the power to entertain writ petitions filed by individuals or organizations, providing a mechanism for the protection of fundamental rights. It acts as a guardian of the Constitution and acts as a check on the potential abuse of power.


Public Interest Litigation (PIL):

The Supreme Court has been instrumental in the development and expansion of Public Interest Litigation (PIL) in India. PIL allows any citizen or organization to approach the court on behalf of the public interest, seeking remedies for violations of constitutional rights or issues affecting a large section of society. The Supreme Court has used PIL as a tool to address various social and environmental issues, providing access to justice to marginalized sections of society and ensuring public accountability.


Advisory Jurisdiction:

The Supreme Court has advisory jurisdiction, which means that the President of India can seek the Court's opinion on important legal or constitutional matters. In such cases, the Court provides its non-binding advisory opinion, assisting the President in making informed decisions on constitutional issues.


Contempt of Court:

The Supreme Court has the power to punish individuals or entities for contempt of court. Contempt of court refers to any action that disrespects or obstructs the administration of justice or undermines the authority of the court. The power of contempt helps in maintaining the dignity and integrity of the judiciary and upholds the respect for the rule of law.


Judicial Activism:

The Supreme Court of India has been known for its judicial activism, wherein the Court actively takes up matters of public importance and ensures the protection of rights and enforcement of constitutional principles. Through PILs and suo moto actions (where the Court takes up a matter on its own), the Supreme Court has addressed diverse issues, including environmental protection, corruption, and human rights.


In conclusion, the Supreme Court of India holds significant powers and functions, with judicial review being a cornerstone of its authority. The Court's power to interpret the Constitution, resolve disputes, protect fundamental rights, and ensure the rule of law is vital in upholding democracy and ensuring justice in the country. The Supreme Court's decisions and interventions have shaped the legal landscape of India and have had a profound impact on society.






 

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