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21 October 2022 – The Hindu

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All about the supreme court

Background information on the Supreme Court’s history:

  • The Supreme Court of Calcutta was founded as a Court of Record with full jurisdiction and authority by the Regulating Act of 1773. In Bengal, Bihar, and Orissa, it was established to take into account, hear, and make decisions about all criminal accusations, cases, and proceedings.
  • In 1800 and 1823, respectively, King George III founded the Supreme Courts of Madras and Bombay.
  • The Supreme Courts in Calcutta, Madras, and Bombay as well as the Sadar Adalats in Presidency towns were abolished by the India High Courts Act of 1861, which also established High Courts in several provinces.
  • Until the 1935 Government of India Act established the Federal Court of India, these High Tribunals held the distinction of being the highest tribunals in every case.

Constitutional provisions of the Supreme Court:

  • In line with Chapter 6 and Part V (The Union) of the Indian Constitution, the Supreme Court may legislate a provision (The Union Judiciary). Articles 124 to 147 deal with the structure, objectivity, constitutionality, responsibilities, and procedures of the Supreme Court.
  • According to Article 124(1) of the Indian Constitution, the Supreme Court of India consists of the Chief Justice of India (CJI) and up to seven more justices, unless Parliament sets a larger number by statute.
  • Original jurisdiction, appellate jurisdiction, and advisory jurisdiction are the three divisions of the Supreme Court of India’s jurisdiction. It has a broad range of abilities as well.
  • One of the 34 serving justices on the Supreme Court is the Chief Justice of India. Eight justices, including the Chief Justice of India, made up the court when it was founded in 1950.
  • They might be subject to laws enacted by the Parliament.

Where is the Supreme Court located?

  • According to the Constitution, Delhi is home to the Supreme Court. Additionally, the Chief Justice is free to choose a new building or places to house the Supreme Court.
  • He or she may decide on this matter only with the President’s consent. This provision is only optional; it is not required. The President or Chief Justice cannot be ordered by a court to select a new location for the Supreme Court’s seat.

The proceedings in court:

  • The Supreme Court may create rules governing accepted practises and procedures with the President’s approval.
  • Constitutional cases or references made by the President under Article 143 are decided by a bench of at least five judges. In all other cases, a decision is frequently reached by a bench of at least three judges.

The objectivity of the Supreme Court:

  • As the highest court of appeal, the Supreme Court defends constitutional rights and liberties.
  • Therefore, it needs autonomy in order to successfully complete the tasks that have been assigned to it. It should be protected against intervention, pressure, and influence from the legislative (legislative) and executive (council of ministers) branches (Parliament). It must be given total freedom to fulfil its obligations without interference from outside parties.

 

 

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