What are the function of supreme court?
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As a Federal Court: Supreme Court is the Federal Court of India, India being a federation; powers are divided between the Union and State governments. The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. So, Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.
Interpreter of the Constitution and Law: The responsibility of interpreting the constitution rests on the Supreme Court. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. It interprets the constitution and preserves it. Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court for interpretation of the question of law raised.
As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in the territory of India. Appeal lies to the Supreme Court of the cases involving interpretation of the constitution. Appeals in respect of civil and criminal cases also lie to the Supreme Court irrespective of any constitutional question.
Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President.
Guardian of the Constitution: The Supreme Court of India is the guardian of the constitution. There are two points of significance of the Supreme Court’s rule as the protector and guardian of the constitution.
First, as the highest Federal Court, it is within the power and authority of the Supreme Court to settle any dispute regarding division of powers between the Union and the States.Secondly, it is in the Supreme Court’s authority to safeguard the fundamental rights of the citizens.
In order to discharge these two functions it is sometimes necessary for the Supreme Court to examine or review the legality of the laws enacted by both the Union and the State Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys limited power of Judicial Review.
Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus, Mandamas, Prohibition, and Quo-warranto Certiorari.
Interpreter of the Constitution and Law: The responsibility of interpreting the constitution rests on the Supreme Court. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. It interprets the constitution and preserves it. Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court for interpretation of the question of law raised.
As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in the territory of India. Appeal lies to the Supreme Court of the cases involving interpretation of the constitution. Appeals in respect of civil and criminal cases also lie to the Supreme Court irrespective of any constitutional question.
Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President.
Guardian of the Constitution: The Supreme Court of India is the guardian of the constitution. There are two points of significance of the Supreme Court’s rule as the protector and guardian of the constitution.
First, as the highest Federal Court, it is within the power and authority of the Supreme Court to settle any dispute regarding division of powers between the Union and the States.Secondly, it is in the Supreme Court’s authority to safeguard the fundamental rights of the citizens.
In order to discharge these two functions it is sometimes necessary for the Supreme Court to examine or review the legality of the laws enacted by both the Union and the State Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys limited power of Judicial Review.
Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus, Mandamas, Prohibition, and Quo-warranto Certiorari.
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Supreme Court is the highest court of appeal in India. It has many functions like :
*.Judicial functions(original jurisdiction,appellate jurisdiction and advisory jurisdiction)
*.Custodian of the Constitution-(can review a central or state law)
*.Guardian of the Fundamental Rights
*.Advisory functions(to advise government departments, legislature, the President , or the council of Ministers on constitutional as well as other matters of law.They are,however, not binding as it is not a judicial decision and in the same way Supreme court is also not bound to give its advisory opinion when a reference is made to it by the President. )
*.Administrative functions(responsible for the administration of its own affairs and procedures,can issue orders to any other court in the country)6- Judicial review(power to examine law passed by the lagislatures and the executive orders of the Centre and State governments whether these are in accordance with the Constitution or not. If not ,it can declare it null or void.)
*.Judicial functions(original jurisdiction,appellate jurisdiction and advisory jurisdiction)
*.Custodian of the Constitution-(can review a central or state law)
*.Guardian of the Fundamental Rights
*.Advisory functions(to advise government departments, legislature, the President , or the council of Ministers on constitutional as well as other matters of law.They are,however, not binding as it is not a judicial decision and in the same way Supreme court is also not bound to give its advisory opinion when a reference is made to it by the President. )
*.Administrative functions(responsible for the administration of its own affairs and procedures,can issue orders to any other court in the country)6- Judicial review(power to examine law passed by the lagislatures and the executive orders of the Centre and State governments whether these are in accordance with the Constitution or not. If not ,it can declare it null or void.)
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