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Supreme Court of India

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Overview of Supreme Court

The Supreme Court of India is also called Bharatiya Uchatam Nyayalaya. It is the highest judicial body of India and the top court of the Republic of India under the constitution. It is the highest constitutional court and has the power of judicial review. The Chief Justice of the supreme court of India is the head and chief judge of the Supreme Court of India - which has original, appellate, and advisory jurisdictions and a maximum of 33 justices ( excluding the CJI ). 


The Ministry of Law and Justice of the Government of India is responsible for it. As India's supreme constitutional court, it hears appeals mostly from high courts in various states of the Union, as well as other courts and tribunals. It is responsible for protecting people' basic rights and resolving conflicts between various government agencies, such as the central government and the states, or state governments and other state governments in the country.


As an advisory court, it handles cases that the President of India may refer to explicitly under the Constitution. The Supreme Court's decision is binding on all Indian courts, as well as the federal and state governments. According to Article 142 of the Constitution, the President of India is responsible for enforcing the Supreme Court's decisions, and the court has inherent authority to issue any order considered appropriate in the interests of justice. The supreme court was established on 26 January 1950. Since January 28, 1950, the Supreme Court has superseded the Judicial Committee of the Privy Council as the highest court of appeal.


Supreme Court History

The Indian High Courts Act 1861 established high courts for several provinces and abolished the Supreme Courts in Calcutta, Madras, and Bombay, as well as the sadar adalats in presidential cities in their respective territories, in 1861. Until the Federal Court of India was established under the Government of India Act 1935, these new high courts enjoyed the distinction of being the highest courts for all cases. The Federal Court held authority over conflicts between provinces and federal states, as well as hearing appeals from high court decisions. The first chief justice of the supreme court of India is H. J. Kania. The Supreme Legal of India was founded on January 28, 1950, replacing the Federal Court of India and the Judicial Committee of the Privy Council, which were at the time the highest courts in India. However, the first hearings and inauguration were held on January 28, 1950, at 9:45 a.m., when the judges took their seats. As a result, the official date of establishment is considered. The regular supreme court timings are 9 am to 7 pm.


The Supreme Court was first housed in the Parliament Buildings Chamber of Princes, where the former Federal Court of India sat from 1937 until 1950. H. D. was India's first Chief Justice. Kania, J. The Supreme Court relocated to its current location in 1958. The Indian Constitution originally called for a supreme court with a chief justice and seven justices, with Parliament having the authority to raise this number. The Supreme Court used to meet for 28 days a month, from 10 to noon and again 2 to 4 in the afternoon.


Supreme Court of India Judgements

Supreme court of India judgments are of two types:

  1. Judgments are purely based on the facts and circumstances of a case within the framework of applicable laws, from which no new legal propositions may be derived save for any Court to follow the law.

  2. The majority of judgments are founded on Interpretative, Statutory, and Constitutional Laws, and disputed laws can be overturned by the courts with fresh legal arguments. However, the Dynamics of Law does not imply that courts may pass laws in a country with a written constitution that divides powers.

The basic responsibility of the courts is to uphold the current legislation. There are no exceptions in the Supreme Court or the High Courts. Judges should use greater caution when creating words, phrases, and legal interpretations that connect the facts and circumstances of a case to applicable statutes, judicial declarations, and Jurisprudential Principles. 


Jurisdiction of Supreme Court of India

The Supreme Court of India was established under Chapter IV of Part V of the Indian Constitution. The Union Judiciary is the fourth chapter of the Indian Constitution. The Supreme Court of India has complete jurisdiction under this Chapter. The Supreme Court of India was formed and established by Article 124. The Supreme Court is the Court of Record, according to Article 129. The Supreme Court's Original Jurisdiction is permitted under Article 131. The Supreme Court's Appellate Jurisdiction is permitted under Articles 132, 133, and 134. The Supreme Court has power over the Federal Court under Article 135. 


Special leave to appeal to the Supreme Court is dealt with under Article 136. Article 137 explains the Supreme Court's review power. Article 138 concerns the Supreme Court's authority to be expanded. Article 139 relates to the Supreme Court being granted the authority to issue certain writs. Article 140 grants the Supreme Court ancillary powers. Article 141 of the Constitution grants the Supreme Court the power to make laws. The Supreme Court proclaimed the law to be obligatory on all courts.


Conclusion

Thus, the Supreme Court is said to be the apex court of the country which is also known as the interpreter of the Constitution whose judgements are binding in the entire country. The institution promotes justice in the country.

Last updated date: 26th Sep 2023
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FAQs on Supreme Court of India

1. How many supreme courts are in India and are the supreme court timings the same for all?

There is only 1 Supreme Court in India. And, 25 High Courts. And the regular supreme court timings are 9 am to 7 pm.

2. What is the highest (top) court in the world?

The International Court of Justice (ICJ) is the United Nations' main judicial body (UN). The United Nations Charter established it in June 1945, and it began work in April 1946. The seat of the Supreme Court is at the Peace Palace in The Hague (Netherlands).

3. Does the Supreme Court always have 9 justices?

Since 1869, the Supreme Court has had nine justices, but this was not always the case. Between its establishment until 1869, the number of justices on the court changed quite a little. Of fact, the court's history stretches back to 1787, when the United States political structure as we know it was established.

4. How to check the supreme court of India case status?

Cases may be looked for by case number, title, advocate's name, diary number, High Court number, and filing flaws. There's also a text-based query search option.

5. Who are the last three supreme court of India judges?

Associate Justice Brett M. Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, and Associate Justice Amy Coney Barrett are the four associate justices on the Supreme Court.