{"id":34160,"date":"2024-03-13T12:43:28","date_gmt":"2024-03-13T12:43:28","guid":{"rendered":"https:\/\/edukemy.com\/blog\/?p=34160"},"modified":"2024-03-13T12:43:30","modified_gmt":"2024-03-13T12:43:30","slug":"what-is-the-position-of-the-supreme-court-under-the-constitution-of-india-how-far-does-it-play-its-role-as-the-guardian-of-the-constitution","status":"publish","type":"post","link":"https:\/\/edukemy.com\/blog\/what-is-the-position-of-the-supreme-court-under-the-constitution-of-india-how-far-does-it-play-its-role-as-the-guardian-of-the-constitution\/","title":{"rendered":"What is the position of the Supreme Court under the Constitution of India? How far does it play its role as the guardian of the Constitution?"},"content":{"rendered":"\n
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India, despite being a federation, maintains the unity and integration of its judicial powers. Among the three branches of government, the Constitution holds a supreme position. Designated as the Guardian of Fundamental Rights, the Supreme Court is entrusted with the responsibility of protecting these rights. Upholding the supremacy of the Constitution, an independent and impartial judiciary resolves disputes between the Centre and the State\/States or among States, as outlined in Articles 124-147 of the Constitution.<\/p>\n\n\n\n

The Supreme Court’s jurisdiction and powers can be categorized as follows:<\/p>\n\n\n\n

  1. Original Jurisdiction:<\/strong> Adjudicating disputes between units of the federation, such as between the Centre and one or more States, or between two or more States.<\/li>
  2. Writ Jurisdiction:<\/strong> Empowered to issue writs (including Habeas Corpus, Mandamus, Prohibition, Quo-warranto, and Certiorari) for the enforcement of Fundamental Rights.<\/li>
  3. Appellate Jurisdiction:<\/strong> Serving as a Court of appeal for cases in constitutional, civil, criminal, and special leave matters.<\/li>
  4. Advisory Jurisdiction:<\/strong> Authorized to exercise jurisdiction on matters of law or fact of public importance arising from pre-constitution treaties, agreements, covenants, engagements, salads, or similar instruments.<\/li>
  5. Court of Record:<\/strong> The Supreme Court’s judgments, proceedings, and acts are recorded as legal precedents and references. It has the power to punish for contempt of court.<\/li>
  6. Judicial Review:<\/strong> The Supreme Court exercises judicial review to uphold the principle of the Supremacy of the Constitution, maintain federal equilibrium, and protect Fundamental Rights.<\/li><\/ol>\n\n\n\n

    The Supreme Court’s powers extend to disputes regarding the election of the President and the Vice-President, inquiries into the conduct of the Chairman and members of the UPSC, and more. It exercises judicial superintendence, controlling all courts and tribunals across the entire country. Positioned at the apex of the Indian administrative system, the Supreme Court plays a vital role in safeguarding and upholding the sanctity of the Constitution, in accordance with which the government functions.<\/p>\n\n\n\n

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