Q1) explain the structure and functions of the supreme court of India?
Structure and Functions of the Supreme Court of India
The Supreme Court of India is the highest judicial authority in the country and plays a crucial role in upholding the Constitution and ensuring justice. It comprises a Chief Justice and a maximum of 33 judges, all appointed by the President of India. Let's delve into the structure and functions of the Supreme Court in detail:
Structure:
1. Chief Justice of India: The Supreme Court is headed by the Chief Justice of India (CJI), who is appointed by the President. The CJI holds the highest position in the Indian judiciary and is responsible for the administration of the court.
2. Judges: The Supreme Court consists of other judges, including the CJI, who are appointed by the President in consultation with the CJI and other judges. The total number of judges is determined by the Parliament, which has the power to increase or decrease the number.
3. Divisions: The Supreme Court has various divisions, including the Appellate Division and the Constitution Bench. The Appellate Division hears appeals from lower courts, while the Constitution Bench handles cases involving constitutional issues and important questions of law.
Functions:
1. Guardian of the Constitution: The Supreme Court is the guardian of the Constitution and ensures that all laws and actions of the government are in line with the Constitution. It has the power of judicial review and can strike down any law or action that violates constitutional provisions.
2. Final Appellate Court: The Supreme Court is the final appellate court in the country. It hears appeals from lower courts, including High Courts and tribunals, and has the power to review and modify their decisions.
3. Protection of Fundamental Rights: The Supreme Court safeguards the fundamental rights of citizens. It can issue writs, such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to protect these rights and provide remedies in case of their violation.
4. Interpretation of Laws: The Supreme Court interprets laws and provides authoritative interpretations on various legal issues. Its judgments and opinions serve as precedents for lower courts and help in the development of the legal system.
5. Advisory Jurisdiction: The President of India can seek the Supreme Court's opinion on legal matters of public importance. The court has advisory jurisdiction and provides non-binding opinions in such cases.
6. Controlling Authority: The Supreme Court exercises control over the entire judicial system in India. It supervises the functioning of lower courts, appoints judges, and lays down rules and procedures for the administration of justice.
In conclusion, the Supreme Court of India is a vital institution that ensures the protection of the Constitution, upholds the rule of law, and provides justice to the citizens. Its structure and functions enable it to act as the highest appellate court and the guardian of fundamental rights in the country.