1.

The Supreme Court is the highest Court in India. In that respect, evaluate the powers of the Supreme Court.

Answer»

Original Jurisdiction: In the following cases the Supreme Court has original jurisdiction. 

  • Conflicts between the Centre and one or more States. 
  • In conflicts where the Centre and a State or States are on one side and a State or States on the opposite side. 
  • Conflicts between States. 
  • In issues connected with the election of the President and Vice President. 
  • To implement Fundamental Rights as per Article 32. 

Appellate Jurisdiction: The Supreme Court is the highest Appellate Court in India. Its Appellate Jurisdiction can be divided into 3 – Constitutional, Civil and Criminal. 

Constitutional Cases: If the High Court testifies that the problem has some serious element of interpreting the Constitution, appeal can be given to the Supreme Court.

Even if the High Court refuses to certify such a thing, if the Supreme Court feels that the case has some serious element of interpreting the Constitution, the SC can issue Special Leave of Appeal.

The Supreme Court can, on its own initiative, or on the request of the Attorney General, can ask the High Courts to move matters of public interest to the SC.

Civil Cases: If the high Court that testifies to the effect that the matter needs the decision of the SC, the case can be transferred to the SC.

Criminal Cases: In the following circumstances appeals against High Court Judgements can be made in the SC: If an accused is left unpunished, a person or organization can file an appeal if it is felt that leaving the accused unpunished will cause some difficulty to the public. Here the Court is approached for protecting public interest. Since the Court is approached for public interest, such cases are called ‘Public Interest litigation’. Such cases usually come up in situation where there is a lack of drinking water, problems of the poor, pollution, etc. Today this has become the most energetic weapon in the hands of the Judiciary.

Public Interest Litigation: 

a) Anybody who is interested in public interest, to defend the rights of others; to solve public problems, can approach the Court. 

b) Since litigation is very costly in India, for defending people’s rights, this helps. In the Constitution, is stated that only the persons whose fundamental rights are violated can approach the court. But this condition has been made loose by the Supreme Court by letting Public Interest Litigation. Through this anybody can approach the court to defend the fundamental rights of others.



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