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Report No. 80

Chapter 7

Recommendations as to Method of Appointments to the Supreme Court as Judges

7.1. Amplitude of jurisdiction of the Supreme Court.-

The Supreme Court of India is the highest court of the land. It is vested with powers which are exercised by few other courts in the world. It constitutes the highest of appeal in civil and criminal matters. Appeals, against the order of any tribunal can also be entertained by the court by special leave. Petitions questioning the validity of the election of the President and the Vice-President are exclusively triable by the Supreme Court. The court has exclusive jurisdiction in any dispute between the Government of India and one or more States, or between the Government of India and any State or States on one side and one or more other States on the other; or between two or more States.

The court also exercises advisory jurisdiction, inasmuch as the President may refer for consideration to the court any question of law or fact of public importance that has arisen or is likely to arise. A right has further been guaranteed to every citizen, and in some cases to non-citizens also, by Article 32 of the Constitution to approach the Court in cases of infringement of any of the fundamental rights mentioned in Part III of the Constitution. The court has been vested for this purpose with power to issue directions, or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. The Constitution also provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India.



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