The Supreme Court of India is the highest judicial body in the country and plays a crucial role in the Indian polity. Here are some key aspects of the Supreme Court of India in the context of Indian polity:
- Composition: The Supreme Court is composed of the Chief Justice of India and a maximum of 34 other judges. The President of India appoints the judges based on the advice of the Chief Justice. The Chief Justice and judges hold office until they attain the age of 65.
- Jurisdiction: The Supreme Court has original, appellate, and advisory jurisdiction. It has original jurisdiction in disputes between the Union and one or more states or between two or more states. It is also the highest court of appeal in civil and criminal matters.
- Guardian of the Constitution: The Supreme Court is the guardian of the Constitution of India. It has the power of judicial review, which means it can review the constitutionality of laws and government actions. If a law is found to be in violation of the Constitution, the Supreme Court can declare it null and void.
- Writ Jurisdiction: The Supreme Court has the power to issue writs for the enforcement of fundamental rights guaranteed by the Constitution. These writs include habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
- Advisory Jurisdiction: The President of India can seek the advice of the Supreme Court on any matter of public importance. However, the advice given by the Supreme Court is not binding on the President.
- Independence: The independence of the judiciary, including the Supreme Court, is a fundamental feature of the Constitution. Judges of the Supreme Court enjoy security of tenure and can only be removed through a process of impeachment for proven misbehavior or incapacity.
- Interpretation of Laws: The Supreme Court plays a crucial role in the interpretation of laws and the Constitution. Its judgments and interpretations set precedents that lower courts are bound to follow.
- Public Interest Litigation (PIL): The Supreme Court has played an active role in addressing public interest issues through the mechanism of Public Interest Litigation. It allows citizens to approach the court directly to seek justice for themselves or on behalf of others.
- Contempt of Court: The Supreme Court has the power to punish for contempt of court, both civil and criminal contempt, to ensure the respect and dignity of the judiciary.
The Supreme Court of India, through its various powers and functions, acts as a check on the powers of the executive and legislative branches of the government, ensuring the supremacy of the Constitution and protection of fundamental rights.
The information given in this article are subject to to change it always advised to refer the relevant books and government official website for the same.