Powers of Supreme Court


 
 
Concept Explanation
 

Power of Supreme Court

Court of Record

  • Article 129 of the Constitution declares the Supreme Court to be a Court of Record, i.e the Supreme Court has the following two powers as the Court of Records-
  • (A) The decisions or proceedings of the Supreme Court are records and these records are kept everywhere as witnesses so that they can be presented before subordinate courts as evidence or pre-judgments in future. No question can be raised in any court regarding their authenticity

    (B) The Supreme Court has the power to punish a person for contempt of court

  • As a punishment for contempt of court, there is a provision of jail for 6 years or fine up to Rs 2000 or both
  • Judicial Review of Laws

     Judicial review is adopted in the Indian Constitution from the Constitution of the United States of America. In the Indian Constitution, Judicial Review is dealt with under Article 13, which states that

    1. All pre-Constitutional laws, after the coming into force of Constitution, if in conflict with it in all of some of its provisions, then the provisions of Constitution will prevail and the provisions of that pre-Constitutional law will not be in force until an amendment of the Constitution relating to the same matter. In such situation, the provision of that law will again come into force, if it IS compatible with the Constitution as amended. This is called the Theory of Eclipse.

    2. In a similar manner, laws made after adoption of the Constitution by the Constituent Assembly must be compatible with the Constitution, otherwise the laws and amendments will be deemed to be void-ab-initio.

    3. In such situations, the Supreme Court or High Court interprets the laws as if they are in conformity with the Constitution. If such an interpretation is not possible because of inconsistency, and where a separation is possible, then the provision that is inconsistent with Constitution is considered to be void. In addition to article 13, articles 32, 124, 131, 219, 228 and 246 provide a Constitutional bass to the Judicial review in India.

  • Article-137 of the Constitution empowers the Supreme Court to review or reconsider the order given by it.
  • But this power of the Supreme Court is up to any law made by Parliament.
  • The Supreme Court has exercised the Power of Judicial Review in various cases, such s the Golaknath case 1967, the Keashwanand Bharti case 1973, and the Minerva mills case.

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    Sample Questions
    (More Questions for each concept available in Login)
    Question : 1

    Any Constitution (Amendment) law can can be declared unconstitutional by the Supreme Court India if it -

    Right Option : B
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    Explanation
    Question : 2

    The System of Judicial review is ________________

    Right Option : D
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    Explanation
    Question : 3

    Which article of the Constitution authorizes the Supreme Court to review the decision or order given by it-

    Right Option : A
    View Explanation
    Explanation
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