The Supreme Court of India plays a crucial role in upholding justice and interpreting the Constitution. Its jurisdiction and powers are expansive, encompassing various functions such as issuing writs, hearing appeals, and providing advisory opinions. This article explores the significant aspects of the Supreme Court’s powers, including the enlargement of its jurisdiction, binding decisions, and the essential role of advocates in the judicial process.
Jurisdiction and Powers of the Supreme Court
Enlargement of Powers of the Supreme Court
- Enlargement of the Jurisdiction of the Supreme Court (Article 138)
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- Jurisdiction with Respect to Union List: The Supreme Court shall have further jurisdiction and powers with respect to any matters in the Union List as Parliament may by law confer.
- Jurisdiction by Special Agreement: It shall have further jurisdiction and powers if Parliament by law provides it with respect to any matters as the Government of India and any other state government by special agreement.
- Conferment on the Supreme Court of Powers to Issue Certain Writs (Article 139)
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- This provision states that the Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition or quo-warranto as well as certiorari or amongst any of the above writs mentioned in Article 32 for any purposes .
- Transfer of Certain Cases(Article 139A)
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- Substantial Questions of Law: It states that when there are cases which involves the substantial questions of law and which are pending before the Supreme Court and one or more High Courts or before two or more High Courts
- If the Supreme Court is satisfied—either on its own motion or upon an application made by the Attorney-General of India or a party to any such case—that these questions are of general importance, it may proceed accordingly
- Withdrawal of Cases: The Supreme Court may also withdraw the cases which are pending before the High Court or the High Courts and dispose of all the cases itself.
- Transfer of Cases for Expediency: The Supreme Court also deems that if it is expedient for doing justice then transfer any case, appeal or other proceedings pending before any High Court to any other High Court.
Binding Nature of the Supreme Court’s decision (Article 141)
- It states that law declared by the Supreme Court is to be binding on all courts within the territory of India.
Enforcement of decrees and orders of Supreme Court (Article 142)
- Jurisdiction to Pass Decrees and Orders: The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India
- Power to Secure Attendance and Discovery: Additionally, the Supreme Court has the authority to secure the attendance of any person and facilitate the discovery of any judgments.
- Limitations of Powers: However, above powers are subject to any laws made by the Parliament.
Constitutional Interpretation
- Ultimate Interpreter of the Constitution: The Supreme Court is the ultimate interpreter of the Constitution which articulates and shapes the final version to the spirit and content of the provisions of the Constitution.
- Doctrines Applied in Constitutional Interpretation: While interpreting the Constitution the Supreme Court applies various doctrines in interpreting the Constitution. Some of the important doctrines mentioned below are:
| DOCTRINES |
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| Doctrine of Severability |
- It means that when some particular provision of a statute offends or seems to be against a constitutional limitation, then that offending provision will be declared void by the Court and not the entire statute.
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| Doctrine of Waiver |
- If a person intentionally gives up his right or privilege and is not able to exercise his rights which are conferred on him by the state
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| Doctrine of Eclipse |
- It states that any law becomes inconsistent with fundamental rights and it is not invalid also at the same time it is not dead but overshadowed by the fundamental right.
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| Doctrine of Territorial Nexus |
- It states that laws made by a state legislature are not applicable outside the state, except when there is a sufficient nexus between state and object
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| Doctrine of Pith and Substance |
- The legislation does not become illegal only because it affects a matter outside a legislature’s purview if the substance of the legislation is within that body’s legal jurisdiction.
- The Doctrine of Pith and Substance originated in Canada through a case named Cushing v. Dupuy.
- It is legalised by Article 246 and Schedule 7 under the Indian Constitution.
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| Doctrine of Colourable Legislation |
- It implies that whatever is prohibited directly is prohibited indirectly also.
- It aims at the prevention of excessive and unconstitutional use of the legislative authority of the government.
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| Doctrine of Incidental and Ancillary Powers |
- It is applied where there is a need for the government to pass laws for the benefit of the country and people, that is not expressly stated in the Constitution or any other legislation
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| Doctrine of Precedent |
- It is a principle of following previous decisions of the Court within its well-defined limits
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| Doctrine of Occupied Field |
- It provides that if an Act of Parliament is occupying a subject over which the State Legislature is also empowered to legislate and has legislated and the State’s legislation obstructs the operation of the Parliament’s Act then the State’s legislation is repugnant or inconsistent with the Act.
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| Doctrine of Prospective Overruling |
- This concept originated in the American Judicial System.
- It says that a decision made in a particular case would have operation only in the future and will not carry any retrospective effect on any past decisions.
- It was first invoked in India in the case of Golak Nath v. the State of Punjab by Chief Justice Kokka Subba Rao.
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| Doctrine of Harmonious Construction |
- There is a provision of the statute which should not be interpreted in isolation but as a whole, so as to remove any inconsistency or repugnancy.
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| The Doctrine of Liberal Interpretation |
- The Constitution must be interpreted in a broad and liberal manner and not in a narrow sense.
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Other Powers
- Original, Exclusive, and Final Authority: It has the original, exclusive, and final authority- where it decides the disputes regarding the election of the President and the Vice President.
- Inquiry into Conduct of UPSC Officials:
- Enquiry by the Supreme Court: It enquires about the behavioural conduct of the chairman and members of the Union Public Service Commission on a reference made by the President.
- Binding Advice: If the Supreme Court finds them guilty of misbehavior, the advice tendered by the Supreme Court in this regard is binding on the President.
- Self-Correcting Agency: It is not bound by its previous decision and can depart from it in the interest of justice or community welfare and act as a self-correcting agency.
- Example: in the Kesavananda Bharati case (1973), the Supreme Court departed from its previous judgment in the Golak Nath case(1967).
- Rules for Regulating Practice and Procedure of the Supreme Court: As per Article 145, the Supreme Court from time to time with the approval of the President make rules for regulating the practice and procedure of the Court which include:
- Rules to the persons practising before the Court
- Rules to the procedure for hearing appeals
- Rules for the proceedings in the Court for the enforcement of any of the rights.
- Rules to the proceedings in the Court under Article 139A
- Rules to the entertainment of appeals.
- Rules to the costs and incidental to any proceedings in the Court.
- Rules to the granting of bail.
- Rules to stay of proceedings.
- Fixing the Number of Judges: It fixes the number of judges who will sit to decide any substantial question of law or interpretation of the Constitution or for any purpose for the power of single judges and district judges.
Supreme Court Advocates
- The Supreme Court has three categories of Advocates to practise law and they are as follows:
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- Senior Advocates
- Advocates-on-Record
- Other Advocates
1. Senior Advocates
- Designation as Senior Advocates: They are designated as Senior Advocates by the Supreme Court of India or by any High Court.
- Criteria for Designation: The Court designates any advocate as Senior Advocate if in its opinion by virtue of his ability, standing at the Bar or special knowledge or experience in law.
- Restriction on Appearance: He is not entitled to appear without an Advocate-on-Record in the Supreme Court or any other court or tribunal in India.
- Restriction on Accepting Instructions: He is also not entitled to accept instructions to draw pleadings or affidavits, advice on evidence or do any drafting work.
- Exception to the Restriction: This prohibition does not extend to settling any such matter in consultation with a junior.
2. Advocates-on-Record
- Entitlement to File Matters: Only these advocates are entitled to file any matter before the Supreme Court.
- Filing Appearance or Acting for a Party: They can also file an appearance or act for a party in the Supreme Court.
3. Other Advocates
- Enrollment in State Bar Council: These are advocates whose names are entered on the roll of any State Bar Council under the Advocates Act, 1961.
- Appearance and Argument: They can appear and argue any matter on behalf of a party in the Supreme Court.
- Restriction on Filing Documents: But they are not entitled to file any document or matter before the Court.
Conclusion
In conclusion, the Supreme Court’s extensive jurisdiction and powers ensure the protection of fundamental rights and the rule of law in India.
- By interpreting the Constitution and setting legal precedents, it shapes the country’s legal landscape.
- Understanding the powers and functions of the Supreme Court, along with the roles of advocates, is essential for appreciating the complexities of India’s judicial system.
