How does the Jurisdiction of the Supreme Court work?


The power of the highest jurisdiction in India has been allowed to the Supreme Court by the Constitution of India. It is the top authority in the judicial hierarchy of India. It is important for every citizen of India to have knowledge of not only the Constitution of India but also the Supreme Court. Let’s understand the basics of the Supreme Court with some frequently asked questions.

What is the working process of the Supreme Court of India?

Being one of the most senior constitutional courts, Supreme Court has the authority of judicial review. With 34 judges, the Supreme Court possesses extensive powers in terms of–appellate, original and advisory jurisdictions. It majorly accepts appeals raised against the High Courts of States, UTs and other lower courts. It plays a major role in protecting the fundamental rights of citizens of India, also reconciliations between two major governing bodies–central and state. It acts as an advisory body to go through the matters that refer to it under the Constitution by the President of India.

Here are the main points one should take note of:

●     The law announced by the Supreme Court becomes agreeable on all courts within India, and also by the union and state governments.

●     Article 142 of the Constitution of India defines the President’s duty to enforce the decrees of the Supreme Court.

Can one question the Judgement of the Supreme Court?

Yes, there is a provision to put a question mark on the judgement of the Supreme Court by filing a review petition. Any one of the two parties not satisfied with the order of the Supreme Court has the authority to file a review petition considering the principle of stare decisis.

Which Article of the Constitution has the provision of the review petition?

Article 145 of the Constitution gives the power to review any judgement announced by the Supreme Court of India. According to the Supreme Court rules, in 1966 this petition should be filed within one month from the announcement of the judgement.

Important cases that attracted the attention of the whole of India

●     Dowry harassment Case

On September 14, 2018, Supreme Court put has to put aside its earlier judgement and leave it to the parliament to create suitable guidelines.

●     2G Spectrum Case

On March 2, 2012, the Government of India filed a review petition in Supreme Court seeking the attention of an order which quashed 122 licenses.

●     Neet Case

The Government of India had to file a review petition on a verdict announced by the Supreme Court on 18 July 2013. The division bench of the Supreme Court with the majority of 2:1 quashed the NEET exam for the admission of undergraduate and postgraduate courses.

●     Vodafone Hutchison Tax case

The Government of India filed a review petition of one of the verdicts announced by the Supreme Court. The judgement said that the Indian IT department does not have jurisdiction to impose Rs. 11,000 as a tax on the deal between Hutch and Vodafone.

●     Mayawati Disproportionate Assets case

The Supreme Court took the decision to review its earlier verdict in a disproportionate assets case against Mayawati. Finally, the Supreme Court quashed the asset case on July 6 2012, nine years later after finding it unwarranted.

Comments

Post a Comment