Ashna Sisodia is teaching live on Unacademy Plus
Course: The Union ( Part V) Lesson: Jurisdiction of Supreme Court Presented by : Ashna Sisodia
Other Powers (a) It decides the disputes regarding the election of the president and the vice- president. In this regard, it has the original, exclusive and final authority. (b) It enquires into the conduct and behaviour of the chairman and members of the Union Public Service Commission on a reference made by the president. If it finds them guilty of misbehaviour, it can recommend to the president for their removal. The advice tendered by the Supreme Court in this regard is binding on the President. (c) It has power to review its own judgement or order. Thus, it is not bound by its . . (c) It has power to review its own judgement or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare. In brief, the Supreme Court is a self-correcting agency. For example, in the Kesavananda Bharati case (1973), the Supreme Court departed from its previous judgement in the Golak Nath case (1967). .
Other Powers .(d) It is authorised to withdraw the cases pending before the high courts and dispose them by .(e) Its law is binding on all courts in India. Its decree or order is enforceable throughout the .(f) It is the ultimate interpreter of the Constitution. It can give final version to the spirit and .(g) It has power of judicial superintendence and control over all the courts and tribunals itself. It can also transfer a case or appeal pending before one high court to another high court. country. All authorities (civil and judicial) in the country should act in aid of the Supreme Court. content of the provisions of the Constitution and the verbiage used in the Constitution. functioning in the entire territory of the country. The Supreme Court's jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament. Jurisdiction and powers with respect to other matters can be enlarged by a special agreement of the Centre and the states.
Indian VS American SC Indian Supreme Court American Supreme Court Its oniginal jurisdiction covers not only federal cases but also cases relating to naval forces, maritime activities, ambassadors, etc 1. Its original jurisdiction is confned to federal cases. 1. 2. Its appellate jurisdiction covers constitutional civil and criminal 2. Its appe late jurisdiction is confined to constitutional cases cases. only 3. 3. It has no such plenary power It has a very wide discretion to grant special leave to appeal in any matter agaimst the judgement of any court or tribunal (except miltary). 4. It has advisory jurisdiction. . Its scope of judicial review is 6. It defends rights of the citizen according to the procecure 4. It has no advisory juris diction. 5. Its scope of judicial review is very wide 6. It defends rights of the citizen according to the' due process limited estabished by law of hw 7. Its jurisdiction and powers can be enlarged by Pariament. 7. Its jurisdiction the Constitution. and powers are limited to that conferred by s. It has power of judicial superintendence and control over state . It has no such power ue to double (or separated) judicial high courts due to integrated judicial system system
Supreme Court Advocates 1. Senior Advocates designated as Senior Advocates by the Supreme Court of India or by any High Court. The Court can designate any Advocate, with his consent, as Senior Advocate if in its opinion by virtue of his ability, standing at the Bar or special knowledge or experience in law the said Advocate is deserving of such distinction. A Senior Advocate is not entitled to appear without an Advocate-on-Record in the Supreme Court or without a junior in any other court or tribunal in India. He is also not entitled to accept instructions to draw pleadings or affidavits, advise on evidence or do any drafting work of an analogous kind in any court or tribunal in India or undertake convincing work of any kind whatsoever but this prohibition shall not extend to settling any such matter as aforesaid in consultation with a junior. . O 2. Advocates-on-Record Only these advocates are entitled to file any matter or document before the Supreme Court They can also file an appearance or act for a party in the Supreme Court.
Supreme Court Advocates 3. Other Advocates These are advocates whose names are entered on the roll of any State Bar Council maintained under the Advocates Act, 1961. They can appear and argue any matter on behalf of a party in the Supreme Court but they are not entitled to file any document or matter before the Court.