Examine the utility of advisory jurisdiction of Supreme court - MAINS QUESTION - DAILY CURRENT AFFAIR QUESTIONS AND ANSWERS

Tuesday, September 1, 2020

Examine the utility of advisory jurisdiction of Supreme court

According to Article 124 of the Constitution, a Supreme Court has been arranged for the Union of India. According to which there will be a Supreme Court of India which shall consist of the Chief Justice of India and not more than seven other judges unless Parliament prescribes a larger number. "Parliament conferred its power on the Constitution As per Section 2 of Act No. 11 of 2009, the maximum number of other judges has been increased from 7 to 30. At present, the total number of judges in the Supreme Court is 31 including the Chief Justice.

If the judge in the Supreme Court is deficient for any reason, then the ad hoc judge and retired judge in the Constitution Provision has been made for the appointment of If at any time the quorum of judges of that court to continue the session of the Supreme Court is complete If not, then the Chief Justice of India with the prior consent of the President and after consulting the Chief Justice of the High Court concerned
An ad hoc judge for a specified period of time to a judge of the High Court who qualifies to be appointed as a judge of the Supreme Court may request to act as. When a Judge of the High Court acts as an ad-hoc judge in the Supreme Court, he shall have all the powers, powers, and privileges of a Judge of the Supreme Court. (Section 127).

The Chief Justice of India at any time with the prior consent of the President from any person who has held the office of Judge of the Supreme Court or Federal Court or has held the office of High Court Judge and qualifies to be appointed a Judge of the Supreme Court. Is my request to act as a Judge of the Supreme Court. When a retired Judge thus acts as a Judge of the Supreme Court, he is entitled to such devotees during the working period as the President may by order Decides. A judge working in this way is a judge of the Supreme Court
All the powers, powers, and privileges are obtained.

Every judge of the Supreme Court is appointed by a warrant issued by the President with his signature and seal. The President may consult such judges of the Supreme Court and High Courts before such an appointment as he thinks necessary. The Chief Justice of India will always be consulted by the President in the case of appointment of any other judge of the Supreme Court other than the Chief Justice. [(Proviso to Article 124 (2))]. A Bench of Justice (1993 AD) of the 9 judges of the Supreme Court has ruled that if the senior-most judge of the Supreme Court is fit to hold the post, then he should be appointed to the post of Chief Justice of India.

Jurisdiction of Supreme Court

1. Initial Jurisdiction- Under the initial jurisdiction of the Supreme Court, it has been stated that only the Supreme Court will have the authority to give a decision in respect of such dispute, involving questions related to the following dispute.

i In case of a dispute between the Government of India and one or more states,
ii. In case of any dispute between the Government of India on the one hand and the states of a State and on the other hand, between one or more states,
iii In case of a dispute between two or more states (Article 131).

Disputes relating to a violation of fundamental rights can be heard directly in the Supreme Court under Article 32. However, it can also be heard in the High Court under Article 226. In such cases, the court is empowered to issue a writ.

2. Appellate Jurisdiction - Supreme Court is the last Appellate Court of India. The appeal of any decision, decree, or final order made in civil, criminal, or other proceedings of a High Court in the territory of India shall be in the Supreme Court. The appellate jurisdiction of the Supreme Court can be described under the following subtitles:
(i) Constitutional Appellate Jurisdiction - If the High Court issues a certificate under Article 134 (a) that the Constitution in a case
If any substantive question related to the interpretation of IS is implied, such cases can be appealed to the Supreme Court.

(ii) Civil Appellate Jurisdiction - Appeals can be appealed in the Supreme Court against the judgments given by the High Courts in civil litigation. If the High Court can certify that these cases
Any legal question of general importance is entangled and must be decided by the Supreme Court.
(iii) Criminal Appellate Jurisdiction - Appeals against the decisions of criminal cases of High Courts can be filed in the Supreme Court.
They can be divided into two parts - (a) without a certificate (b) with a certificate.
(iv) Appellate jurisdiction at its discretion - The Supreme Court may grant special permission at its discretion to appeal any decision, decree, concept, sentence, or order given in a case by a court or tribunal in the territory of India.

3. Jurisdiction relating to the review of decisions or orders - of rules made under Article 145 of any law made by Parliament.
Subject to the provisions, the Supreme Court has the power to reconsider the decisions made by it. Higher

The Court exercises such power when it feels that there has been no justice to any party due to any reason in the given decision.

4. Consultative / Advisory Empowerment - If the President feels that a question of law or fact has arisen, which is of such nature and of such great importance that it is necessary to get the opinion of the Supreme Court, then he should ask that question. May direct the Supreme Court to consider. Supreme Court after considering that
Gives his opinion to the President. [Article 142 (1)] | It is noteworthy that the Supreme Court is not bound to give its opinion on any such advice sought by the President. On the other hand, the President is also not bound to accept the advice given by the court. It is known that in 1993 the President
The Supreme Court had sought advice on whether a temple existed before the mosque at the disputed Babri Masjid site in Ayodhya. The then Chief Justice of the Supreme Court M.N. A 5-member Constitution Bench headed by Venkatachalaiah refused to express any opinion on this advice sought by the President.

5. Jurisdiction of transfer of certain cases - If the Supreme Court feels that a substantial question of law is inherent in a matter pending in the High Courts and it is of wide importance, then it can seek such cases with itself and It can be disposed of by itself.

6. The Supreme Court to be a Court of Record- Article 129 of the Constitution states that the Supreme Court shall be a Court of Record and shall have all the powers of such court, including the power to punish for its own contempt. According to Dr. Bhimrao Ambedkar, Court of Records
It is one whose records are valued from the point of view of the evidence and when presented in any court, they should not be doubted.

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