what is the judicial function
of Supreme Court?
Answers
Answer
The Supreme Court functions as a last resort tribunal. Its rulings cannot be appealed. It also decides on cases dealing with the interpretation of the constitution (for example, it can overturn a law passed by Congress if it deems it unconstitutional).
Functions of the Commission are as follows:
Recommending persons for CJI, judges of supreme court, Chief Justice of High court, Judges of High court,
Transfer of Chief justices and judges from one court to other
Ensure persons recommended are of ability and integrity
Jurisdiction (Articles 141, 137)
Articles 137 to 141 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Art 141, states that Law declared by Supreme Court is binding on all the courts in India and Art 137 empowers SC to review its own judgment. The Jurisdiction of the Supreme Court of India can broadly be categorised into three parts:
Original Jurisdiction- (Art 131)
This jurisdiction extends to cases originating in SC only and states that Indian SC has original and exclusive jurisdiction in cases between:
Government on one hand and one or more states on the other
Government and one or more states on one side and other states on the other
Two or more states
Appellate Jurisdiction- (Art 132,133,134)
Appeal lies with SC against high court in following 4 categories
1. Constitutional matters-if high court certifies that the case involves substantial question of law that needs interpretation of constitution.
2. Civil matters- if case involves substantial question of law of general importance
3. Criminal matters-if high court has on appeal reversed the order of acquittal of an accused and sentenced him to death or has withdrawn for trial before itself any case from subordinate court
4. Special leave to appeal is granted by SC if it is satisfied that the case does not involve any question of law. However it cannot be passed in case of judgment passed by a court or tribunal of armed forces.
However, under this jurisdiction SC can transfer to itself cases from one or more high courts if it involves question of law in the interest of justice.
Advisory Jurisdiction (Art 143)
The Article 143 authorises the President to seek advisory opinion from the Supreme Court in the two categories of matters-(a) matters of public importance (b) of any question arising out of pre-constitution, treaty, agreement, engagement, sanad or other similar instruments.
Also Art 144 states that all authorities civil and judicial in the territory of India shall act in aid of the Supreme Court.