The Role of Courts Indian judiciary comprises of the Supreme Court, High Court, Sub-ordinate Courts and other Tribunals. In India, courts are like big decision-making places where judges help solve problems and make fair choices. Let's learn about them in an easy way!
Role of Supreme Court of India
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Supreme Court
➡Different Roles of the Supreme Court of India The Supreme Court of India primarily exercises the role of an adjudicator and interpreter. ➡Its role as an adjudicator and interpreter can be understood through the original,writ jurisdiction and appellate jurisdiction
Original jurisdiction
➡Under Article 131
➡This power to adjudicate amongst-
–Disputes between Union and one or more states
–between two or more states.
➡Such disputes must involve some question of law or fact on which the existence or extent of legal rights can be adjudicated. For example, the dispute between the sharing of river or other natural resources between two states in India
Writ Jurisdiction
➡Under Article 32
➡ Issuing directions, orders and writs for the enforcement of fundamental rights of the citizens,
Appellate jurisdiction
➡Appeal to the Supreme Court may be made against any judgement, decree or final order of a High Court in both civil and criminal cases.
➡With a certificate granted by the High Court.
➡ Must involve a substantial question of law as to the interpretation of the Constitution.
Special leave
➡Under Article 136
➡Under its discretion, the Court may grant a special leave to appeal and receive any judgement, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.
Advisory jurisdiction
➡ Under Article 143
➡Under this scheme, President may refer any question of law or fact of public importance.
➡However, it is not binding on the Supreme Court to answer questions raised in the reference.
➡This procedure is termed as "Presidential Reference"
➡The Supreme Court can refuse to provide its advisory opinion if it is satisfied that the questions are either socio-economic or political in nature.
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