essay on Supreme Court
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Essay on the Supreme Court of India (1378 words)
In a federation where there are dual polity, distribution of powers between the Centre and the Units and dual Government controlling the activities of the citizens, a Federal Court appears to be an essential element.
Such a Court is necessary to interpret federal laws and compel obedience to them and more particularly to interpret the Federal Constitutions.
As Alexander Hamilton rightly said in “The Federalist”, “Laws are a dead letter without Courts to expound and to define their true meaning and operation” and thus an impartial and independent Judiciary is indispensable in a democratic country.
Like other federal systems, the Constitution of India created an independent Judiciary to act as the guardian of the Constitution and provides a single and integrated system of Judiciary throughout the country. The Court system in India is organised in hierarchical manner.
The Supreme Court of India stands at the apex of the whole Judicial System in bringing about unity in it. In contrast, there is dual judiciary in the federation of the U.S.A. where each Unit has a Supreme Court in addition to the Federal Supreme Court at the Centre.
In order to maintain unity of the country and uniformity in law, the makers of the Constitution have provided a single integrated Judicial System for India.
They brought to the framing of the judicial provisions of the Constitution an idealism that was expounded in the Preamble of the Constitution. They expected the Judiciary to be “an arm of the social revolution, upholding the equality that Indians had longed for during colonial days but had not gained- not simply because the regime was colonial and perforce repressive, but largely because the British had feared that social change would endanger their rule”.
In a federation where there are dual polity, distribution of powers between the Centre and the Units and dual Government controlling the activities of the citizens, a Federal Court appears to be an essential element.
Such a Court is necessary to interpret federal laws and compel obedience to them and more particularly to interpret the Federal Constitutions.
As Alexander Hamilton rightly said in “The Federalist”, “Laws are a dead letter without Courts to expound and to define their true meaning and operation” and thus an impartial and independent Judiciary is indispensable in a democratic country.
Like other federal systems, the Constitution of India created an independent Judiciary to act as the guardian of the Constitution and provides a single and integrated system of Judiciary throughout the country. The Court system in India is organised in hierarchical manner.
The Supreme Court of India stands at the apex of the whole Judicial System in bringing about unity in it. In contrast, there is dual judiciary in the federation of the U.S.A. where each Unit has a Supreme Court in addition to the Federal Supreme Court at the Centre.
In order to maintain unity of the country and uniformity in law, the makers of the Constitution have provided a single integrated Judicial System for India.
They brought to the framing of the judicial provisions of the Constitution an idealism that was expounded in the Preamble of the Constitution. They expected the Judiciary to be “an arm of the social revolution, upholding the equality that Indians had longed for during colonial days but had not gained- not simply because the regime was colonial and perforce repressive, but largely because the British had feared that social change would endanger their rule”.
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