Powers And Functions Of Supreme Court In India Pdf Writer

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Supreme Court of Nepal

Judicial Review is the power of Courts to pronounce upon the constitutionality of legislative and executive acts of the government which fall within their normal jurisdiction. It has the origin in the theory of limited government and in the theory of two laws, viz.. According to Basu in his book Basu's commentaries on constitution of india, vol 1. In Fundamental Rights Case Justice Khanna said that judicial review has became an integral part of our constitution and a power has been vested in the High Courts and the Supreme Court to decide about the constitutional validity of the provisions of statutes. If the provisions of the statutes are found to be voilative of any of the articles of the constitution which is the touchstone for the validity of all laws the Supreme Court and the High Courts are empowered to strike down the said provision. When the Legislature, Executive and Judiciary have harmed the constitutional values and deny the rights, which have been definite under the Indian Constitution to the Indian inhabitants. In such circumstances the judicial review plays very important role as protector for safeguarding the rights of people.

Privy Council. In fact, the systematic development of Indian judicial institutions, judicial principles, laws etc. Besides this, the British regime in India has also developed a hierarchical judicial system in India. It has played a significant role in shaping the present legal system in India. The same is discussed as under. Origin and establishment of Privy Council: As it is an accepted fact that, every political system develops for itself a certain sort of legislative, executive and the judicial machinery for its smooth working and administration.

The president is indirectly elected by an electoral college comprising the Parliament of India both houses and the legislative assemblies of each of India's states and territories , who themselves are all directly elected. Although Article 53 of the Constitution of India states that the president can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the president are, in practice, exercised by the prime minister a subordinate authority with the help of the Council of Ministers. India achieved independence from the British on 15 August , initially as a dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general. Ambedkar , undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November and came into force on 26 January , [4] : 26 making India a republic.

President of India

Constitutions are either unitary or federal. The most essential feature of the federal constitution is that it has a dual government that means a dual polity consisting of the union at the centre and the states at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Indian Constitution. A federal constitution is almost necessary for a written constitution. The Indian Constitution is not only a written document but also the lengthiest constitution of the world. The procedure of amending the constitution regarding the federal principle is rigid. The Indian Constitution cannot be changed unilaterally either by the centre or by the state government.

The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review. He can resign his office by writing to the President. the Chief Justice of India is unable to perform the duties of his office.

Privy Council

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on their interpretation of the law and their own personal judgment.

Judicial activism , an approach to the exercise of judicial review , or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. Although debates over the proper role of the judiciary date to the founding of the American republic, the phrase judicial activism appears to have been coined by the American historian Arthur M. Schlesinger, Jr. Although the term is used quite frequently in describing a judicial decision or philosophy, its use can cause confusion, because it can bear several meanings, and even if speakers agree on which meaning is intended, they will frequently not agree on whether it correctly describes a given decision. Compare judicial restraint.

Each High Court could consist of a chief justice and up to 15 judges. The High Court of a State is the highest court of the State and all other courts of the State work under it. Normally there is one High Court in every State but there can be only one High Court for two or more States as well, according to the constitution. In every High Court, there is a Chief Justice and many other judges whose number is defined by the President of India.

Separation of Power in India & USA

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2 Response
  1. Ledicia G.

    It has appellate jurisdiction over decisions of the seven High Courts including eleven Benches of the High Courts and extraordinary original jurisdiction.

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