Can the Judiciary take over powers to dictate the Executive?
Yeddanapudi Markandeyulu
Rajaram Krishnamurthy
POWER OF JUDICIARY SC VERDICT LONG AGO
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The Supreme Court has Judicial Review power that is being vested through Article 13 of the Constitution, which means the Supreme Court has the power to strike down any legislation and executive action if such acts are found to be inconsistent with the Constitution of India.
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Power of the judiciary and the Indian Supreme Court's verdicts
The Indian judiciary, with the Supreme Court at its apex, plays a crucial role in the country's democratic framework and upholding the Constitution.
Here's an overview of the judiciary's powers and how Supreme Court verdicts define and exercise those powers:
1. Guardian and interpreter of the Constitution
The Supreme Court acts as the final interpreter and guardian of the Constitution.
It ensures that laws and government actions comply with the spirit and letter of the Constitution, including the fundamental rights of citizens.
2. Judicial review
This is a cornerstone of the Supreme Court's power, vested through Article 13 and other articles like Article 32, according to Lloyd Law College.
It allows the Supreme Court to examine the constitutionality of legislative enactments and executive orders at both the Central and State levels.
If a law or action is found to be unconstitutional, it can be declared illegal, unconstitutional, and invalid, becoming unenforceable.
3. Landmark Supreme Court verdicts related to judicial power and judicial review
Supreme Court verdicts have been pivotal in shaping the scope of judicial power and review in India. Key cases include:
Kesavananda Bharati v. State of Kerala (1973): Established the "basic structure doctrine," asserting that Parliament cannot alter fundamental constitutional features, thereby expanding judicial review.
Minerva Mills v. Union of India (1980): Reaffirmed judicial review as a basic constitutional feature, allowing the striking down of laws inconsistent with the basic structure.
Indira Nehru Gandhi v. Raj Narain (1975): Declared the separation of powers as part of the basic structure.
I.R. Coelho v. State of Tamil Nadu (2007): Held that laws in the 9th Schedule are subject to challenge if they violate fundamental rights or the basic structure after April 24, 1973.
Anoop Baranwal v Union of India (2025): The Court intervened in the appointment of Election Commissioners.
Uttar Pradesh Madrasa Education Board Act, 2004 Case (2024): Clarified that ordinary laws cannot be challenged solely based on violating the Basic Structure doctrine.
4. Limitations on judicial review
Judicial review is subject to certain limitations:
The judiciary generally avoids interfering with legislative and executive functions unless they are clearly unconstitutional, in line with the separation of powers.
Judicial restraint is exercised in matters of policy decisions by the legislature or executive.
Constitutional amendments that adhere to the basic structure doctrine are generally not reviewable.
In summary, Supreme Court verdicts have been instrumental in defining the judiciary's powers, particularly in upholding the Constitution and fundamental rights through judicial review, while also emphasizing judicial restraint and the separation of powers.
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Introduction
The Supreme Court in India was established through an enactment passed in
pre-independent India, with the introduction of the Regulating Act, 1773. The
1st Supreme Court started its function as a court of record at Calcutta, and
the 1st Chief Justice Sir Elijah Impey was appointed. The court was established
to resolve the disputes in Bengal, Orissa, and Patna. Consequently, in 1800 and
1834, the King Gorge-III established the other two Supreme Courts in Bombay and
Madras.
However, soon after the
enactment of the Indian High Court Act, 1861, the Supreme Courts in Calcutta,
Bombay, and Madras were consequently abolished and the courts in Calcutta,
Bombay, and Madras resumed its functioning as High Court. In 1935, the British
Parliament enacted the Government of India Act, 1935, after a resolution was
passed by the Joint Select Committee, which was headed by Lord Linlithgow.
The Government of India Act, 1935, led to the establishment of the Federal
Court in India, which has vested more judicial power than the High court with
original, appellate, and advisory jurisdiction. After independence, the
Constitution of India was adopted on 26th January 1950, and the Federal Court
of India resumed functioning as the Supreme Court of India on 28th January
1950, which was presided by Hon’ble Mr. Justice Harilal Jekisundas Kania.
As per article 124(1) of
the Constitution, there should be a Supreme Court in India that will be
presided by the Chief Justice of India with additional seven Judges until the
parliament passes precedent for increasing the number of Judges. However, currently,
there are 34 judges in the Supreme Court, and the current Chief Justice of
India is Mr. Justice Sharad Arvind Bodbe.
Importance of the Supreme
Court in India
In the Constitution of India, part 5, chapter 6 deals with the power, function,
appointment, retirement, jurisdiction, etc. from Article 124 to Article 147 of
the Supreme Court. The followings are the importance of the establishment of
the Supreme Court:
1) The Supreme Court is the highest appeal court that is also known as the
apex court of India and even the last resort, where the citizens of India can
seek justice if they are not satisfied with the judgment of the High court.
2) The citizens of India, as per Article 32 of the Constitution, can even directly sort for remedy through writs if their fundamental rights are violated.
3) The Supreme Court has Judicial Review power that is being vested through Article 13 of the Constitution, which means the Supreme Court has the power to strike down any legislation and executive action if such acts are found to be inconsistent with the Constitution of India.
What are the functions of the
Supreme Court?
The following are the Supreme Court functions:
a) The SC gives the final
verdict against an appeal from the other subsidiary courts i.e., High courts.
b) It acts as an institution where issues from the different governmental
bodies, central government, and the state government matters are resolved.
c) As per Article 141 of the Constitution, laws passed by the SC, apply to
all courts within the Indian Territory.
d) In some matters, the Supreme Court also acts on its own and can pass
suo moto.
What are the powers of the SC?
The Supreme Court has the following powers that are jurisdiction:
A) Original
Jurisdiction: The following are the original jurisdiction of the SC:
I) As per article 131 of the Constitution, the SC functions as original
jurisdiction over matters where the disputes are either between the Central
government and the state government or between two or more state governments.
II) As per article 139 of the Constitution, the SC have the power to issue
writs, order, or direction.
III) As per section 32 of the Constitution, the SC also has the authority
to enforce Fundamental Rights.
IV) As per Article 139A of the Constitution, the SC on its discretion or
at the advice of the Attorney General of India can take up the cases during the
pendency of the matter from the high courts if the same issue is to be disposed
of by the SC that is related to the question of law. And it can also transfer
the pending cases, appeal or other proceedings to give justice from one HC to
another HC.
B) Appellate Jurisdiction: As per article 132, 133, 134 of the
Constitution, the SC has appellate jurisdiction in matters that are related to
civil, criminal, or Constitution. Also, as per article 136, the SC has the
power to issue special leave that is being by any tribunal courts in India but
this does not apply to Army courts.
C) Advisory Jurisdiction: As per article 143 of the Constitution, the SC
can advise the President of India that is related to the question of law, and
the nature of the matter is associated with the public importance. And the
President can also seek opinion in the matters that are related to Article 131
of the Constitution.
D) Review Jurisdiction: As per article 137 of the Constitution, the SC has
the power to review any laws that are being passed by the legislature.
Conclusion
The Supreme Court is the highest appealing body in our jurisdiction. With its
establishment, justice is being proclaimed by the citizens of India. The powers
that are vested upon the SC are to ensure the fair trial in matters that are
about the Constitution of India; hence it also protects the world’s largest
democratic state.
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K RAJARAM IRS 21825
When the Three Branches,The Executive,The Legislative and the Judiciary are equal,can the Judiciary override the Executive?YMS
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