Inside the Judicial System: Constitutional Powers of Supreme Court and High Court in India

The Supreme Court and High Courts in India are the highest courts in the country and play a vital role in upholding the Constitution and protecting the rights of citizens.

Supreme Court

The Supreme Court of India is the highest court of appeal in the country. It has the power to hear appeals from all lower courts, including the High Courts. The Supreme Court also has the power to issue writs, such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto, to protect the fundamental rights of citizens.

In addition to its appellate and writ jurisdiction, the Supreme Court also has original jurisdiction over certain disputes, such as disputes between the central and state governments, and disputes between two or more state governments.

High Courts

The High Courts are the highest courts in each state or union territory. They have the power to hear appeals from all lower courts within their jurisdiction. The High Courts also have the power to issue writs to protect the fundamental rights of citizens.

In addition to their appellate and writ jurisdiction, the High Courts also have original jurisdiction over certain disputes, such as civil suits worth more than Rs. 20 lakhs, and criminal cases where the punishment is more than seven years imprisonment.

Constitutional powers

The Supreme Court and High Courts in India have the following constitutional powers:

• To interpret the Constitution: The Supreme Court and High Courts have the power to interpret the Constitution and to strike down any law that they find to be unconstitutional.
• To protect fundamental rights: The Supreme Court and High Courts have the power to protect the fundamental rights of citizens. They can issue writs and other orders to enforce these rights.
• To uphold the rule of law: The Supreme Court and High Courts have the power to uphold the rule of law. They can ensure that the government and its officials act within the law.

The Supreme Court and High Courts play an important role in protecting the democracy and the rule of law in India. They are the guardians of the Constitution and the fundamental rights of citizens.

Here are some examples of how the Supreme Court and High Courts have used their constitutional powers:

• The Supreme Court has struck down many laws that it has found to be unconstitutional. For example, the Supreme Court struck down a law that prohibited same-sex marriage in India.
• The High Courts have issued writs to protect the fundamental rights of citizens. For example, the High Courts have issued writs to protect the right to life, the right to education, and the right to free speech.
• The Supreme Court and High Courts have upheld the rule of law by ensuring that the government and its officials act within the law. For example, the Supreme Court has ordered the government to release people who have been illegally detained.

The Supreme Court and High Courts are essential to the functioning of the Indian democracy. They play a vital role in protecting the Constitution and the fundamental rights of citizens.