Question

How is the Supreme Court a court of record?

Answer 1

Hint: The Indian Judicial system is an integrated one. This means that it has a hierarchical structure such that the Supreme Court is at the apex, followed by the High Courts at the state level and the lower courts at the district level. The Supreme Court is the highest court of appeal, the final interpreter of the Constitution and the custodian of people’s fundamental rights. Appellate jurisdiction gives the Supreme Court the power of reviewing and revising the orders of the lower courts and tribunals. Under Article 141 of the Constitution, any judgement or order of the Supreme Court serves as a binding precedent for the lower subordinate courts.

Complete step by step solution:
Article 129 of the Constitution provides that the Supreme Court shall be a court of record. This power is also provided to the High Courts in Article 215. This means that its proceedings, acts and decisions shall be kept in record for a perpetual memory and presentation as evidence, when need be, in support of the law. Being a court of record implies that its record can be used as evidence and cannot be questioned for their authenticity in any court. It also means that much like the High Courts, the Supreme Court can also punish for its own contempt if its verdict is questioned.

Note: Constitutional Provisions regarding the Union Judiciary are mentioned in Articles 124-147 and those regarding State Judiciary namely High Courts and lower courts are mentioned in Articles 214-237.