The powers and Rights of the Supreme Court:
The powers and rights of the Supreme Court are as follows :
i. Basic Jurisdiction :
Basic Jurisdiction means that the trial of some cases can be directly heard by the Supreme Court. In such cases, hearing in the first lower courts is not necessary. The cases related to federal relations go straight to the Supreme Court. The Basic jurisdiction of the Supreme Court gives it a decisive role in all disputes concerning federal matters. In any federal system, the Supreme Court has the responsibility to resolve the mutual legal disputes between the center and the states and among various states. It is called basic jurisdiction, because these matter can be settled by the Supreme Court only. Hearings of such cases cannot be conducted in High Courts or any subordinate courts. Using this right, the Supreme Court resolves not only disputes but also explains the power of union and state governments given in the constitution.
ii. Power Related to Writ Petition :
Any person can move the Supreme Court directly to get justice on infringement of fundamental rights. The Supreme Court can give its special orders in the form of a writ. The High Courts can also issue writs. However the person, whose fundamental rights are violated, has the option of. going to the High Court or the Supreme Court. Through these writs, the court can order the executive to act or not to act in a particular way.
iii. Appellate Powers :
The Supreme Court is the highest court of appeals. Any person can appeal in the Supreme Court against the decision of the High Court. But the High Court has to certify that the case is appropriate to appeal in the Supreme Court, i.e., there is a serious matter involved in it like interpretation of law or constitution. If the lower court gives penalty for *** conviction, then an appeal can be made in the Supreme Court or in the High Court.
If the High Court does not permit the appeal against the decision, then the Supreme Court has the right to accept the case for consideration. Appellate jurisdiction means that the Supreme Court will reconsider the entire case and will re-examine its legal aspects. If the court thinks that the law or the constitution has a different meaning from what the lower courts have understood, then the Supreme Court can change its decisions and can also provide a new interpretation of those provisions. The High courts also have the appellate powers over the decision given by the courts below them.
v. Advisory jurisdiction :
This right means that the Supreme Court has the right to counsel if consultation is asked for. In the jurisdiction of the consultation, the President may seek advice from the Supreme Court on any law related or public importance or that which involves interpretation of constitution. However, the Supreme Court is not bound to give advice on any such subject. On the other hand, if advice or opinion is sent, it is not obligatory for the President to accept it.
