COURT MASTER

The Supreme Court of India is the highest judicial authority and the final court of appeal in India. It is a constitutional court with the power of judicial review, and its decisions are binding on all other courts and tribunals in the country.

History and Composition

The Supreme Court came into existence on January 28, 1950, two days after India became a republic. It initially functioned from the Parliament House before moving to its present location on Tilak Marg, New Delhi, in 1958.

The Court's motto, "Yato Dharma Tato Jayah," translates to "Where there is Dharma, there is victory."

The Constitution initially provided for a Chief Justice of India and 7 other judges. Parliament, however, has the authority to increase this number. The current sanctioned strength is 34 judges, including the Chief Justice of India (CJI).

Judges are appointed by the President of India. They must retire at the age of 65.

Jurisdiction and Powers

The Supreme Court has extensive powers, which can be broadly categorized into three types of jurisdiction:

• Original Jurisdiction: This refers to cases that can be directly heard by the Supreme Court. It has exclusive original jurisdiction over disputes between the Indian Government and one or more states, or between two or more states. It also has original but not exclusive jurisdiction for the enforcement of fundamental rights under Article 32 of the Constitution, which allows it to issue writs like Habeas Corpus and Mandamus.

• Appellate Jurisdiction: This is the most common form of jurisdiction. The Supreme Court is the highest court of appeal and can hear appeals against verdicts of the High Courts in civil, criminal, and constitutional matters. It also has the power to grant special leave to appeal against any judgment or order passed by any court or tribunal in the country, except military tribunals.

• Advisory Jurisdiction: Under this jurisdiction (Article 143), the President of India can refer matters of public importance or legal questions to the Supreme Court for its advice. However, the Supreme Court's opinion is not binding on the President.

Role as a Guardian of the Constitution

The Supreme Court is considered the guardian of the Constitution. It is vested with the power of judicial review, which allows it to strike down any legislative or executive action that it finds to be unconstitutional. This power ensures the balance of power between the legislature, executive, and judiciary, and protects the fundamental rights of citizens.

*source: google gemini