Know the Facts about Supreme Court of India

Know the Facts about Supreme Court of India

This article covers key points about Supreme Court of India

Which Supreme Court case banned prior restraints?

The prior restraint means taking legal action before anticipated wrongdoing. It is remedial which aims to censor any information to prevent it from reaching the public. Prior restrained is not specifically explained in Indian law and in case there is a prior restraint practised, it is held unconstitutional. It was held by the Supreme Court in cases Ramesh Thapar vs. the State of Madras, Brij Bhusan vs. the State of Delhi.

The Court explained Article 19(1) of the Constitution of India that provides fundamental right, i.e. freedom of speech and specifically, freedom of the press.

Which Supreme Court case established Judicial Review?

The Judicial Review is a court procedure when the administrative court takes up the questions on whether the judgements were passed lawfully. In cases where there is no effective means to challenge the judgement, mainly through appeal, the Judicial Review is helpful.

The main purpose of Judicial Review is to protect the rights of the public and proper implementation of the fundamental rights.

One popular and important case of Judicial Review is the Keshavanand Bharti case.

The Judicial Review has three purposes:

* Protect the legality of the essential rights under Part III of the Constitution of India

* Authorization of disinterest of organizational achievement

* Working in the public interest.

Why is the Supreme Court important?

The Indian Supreme Court is conferred with the power, functions, appointment of judges, their retirement and jurisdiction by Article 124 of Article 147 of the Constitution of India.

The Supreme Court is the highest court of appeal where one can approach if they feel that justice was not delivered by the High Court. In case a matter of fundamental right is compromised, the citizens can rightfully knock on the door of the Supreme Court under Article 32 of the Constitution.

The Supreme Court has the power to strike down any action taken by the legislative and executive bodies if they are unconstitutional.

Does the Supreme Court approve segregation?

Segregation is itself an action that is prohibited by Article 15 of the Constitution. This is a fundamental right of the citizen of India to be protected from any kind of discrimination based on caste, creed, sex, race, etc. The Supreme Court cannot legalize any action if it is unconstitutional.

Who appoints the Supreme Court judges?

The Chief Justice of India is appointed by the President and other judges are appointed based on the proposal by the Chief Justice and recommendation of the Union Ministry of Law.

Are Supreme Court Judges/Justices elected?

No, the Supreme Court judges are selected, not elected.

Why is the Supreme Court is called the guardian of the Constitution?

The Supreme Court is called the guardian of the Consitution because it is the highest judicial court in India. It can take up any case which is regarding any dispute between the Central and the State Government, between two states, or any other matter where the state is a party.

It emphasizes the rule of law to protect the interest of the citizen of India.

Can the Supreme Court reject a law?

The Constitution of India provides that the Supreme Court may review and revoke the law made by Parliament if it does not align with the spirit of the Constitution.

Can the Supreme Court frame a law?

Yes, if there is no law on a particular issue. The Supreme Court's decision is considered law of the land. However, this should not tamper with the basic structure of the Constitution.

Can the Supreme Court amend a law?

The Supreme Court can amend a law. If required, the Supreme Court can make the law more specific or nullify the law, if it is so required as per the public policy.

Can the Supreme Court repeal a law?

The Supreme Court of India can recommend or direct the appropriate body to repeal a law. Based on the judgement passed by the Supreme Court, the legislature or the law-making body makes the required changes.

Can the Supreme Court give anticipatory bail?

The anticipatory bail is issued by the High Court or the Sessions Court only. However, rejection of anticipatory bail can be challenged in the Supreme Court. If convinced, the Supreme Court can direct the High Court to reconsider the anticipatory bail application.

Why is the Supreme Court is called the guardian of fundamental rights?

In case a fundamental right is violated, the citizen can directly approach the Supreme Court under Article 32 of the Indian Constitution. For example, if the state imposes any rule on a certain community, which is a violation of their fundamental right to be protected against any discrimination, the matter can be directly taken to the Supreme Court to seek justice.

Can the Supreme Court cancel a Bill passed by Parliament?

If the Supreme Court finds that the Bill passed by the Parliament is unconstitutional, it can cancel it.

The Supreme Court is the custodian of the Indian Constitution and is the ultimate interpreter of the law, who can strike down a law if it is against the Constitution of India or public policy.