Powers of Supreme Court
Power of Supreme Court
Court of Record
(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
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.
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.
Judicial review is adopted in the Indian Constitution from the Constitution of the ____________________________. | |||
| Right Option : A | |||
| View Explanation | |||
Which of the following are correct about powers of Supreme Court : (a) Public Interest Litigation (PIL) is a tool of judicial activism. (b) Two powerful grounds for Judicial Review are Unitary System and Fundamental Rights. (c) Articles 15 and 36 of the Constitution give the Supreme Court similar powers in relation to Fundamental Rights. | |||
| Right Option : A | |||
| View Explanation | |||
The Supreme Court of India is a 'Court of Records'. It means ______________________ | |||
| Right Option : B | |||
| View Explanation | |||
Students / Parents Reviews [10]
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