The Nature of Supreme Court Power

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Judicial review in the United States

Thus, Hall predicts that the decision would have a substantial impact on legislative apportionment. Consistent with this expectation, BAKER and subsequent decisions extending its principles to congressional districts were responsible for a massive decrease in legislative malapportionment. Cox and Katz ; Ansolabehere et al. He shows that this prediction is born out in the Deep South.

However, in the Border States, which had also operated segregated schools prior to BROWN , the decision met with more public support and was followed by significant if limited change. Relevant policy outcomes are sometimes difficult to measure.

I suspect that the book will prompt many others to examine the effects of particular decisions at greater length than Hall is able to in this book. Herman Pritchett Award in , awarded for the best book on law and courts in the previous year that deserves the attention of scholars of judicial politics, public law, and public policy. New York: W.

Cox, Gary W. Congressional Elections. Clark, Tom S. Goldman, Jerry. Helmke, Gretchen.

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Knight, Jack and Lee Epstein. McCubbins, Mathew and Thomas Schwarz. Rosenberg, Gerald N. Chicago: University of Chicago Press.

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Staton, Jeffrey K. New York: Cambridge University Press.

Supreme Court, United States: Bibliography

Taylor-Robinson, Michelle M. Ura, Joseph Daniel and Patrick C. Vanberg, Georg. CARR U.

Inappropriate for judges to intervene in prorogation, says government lawyer

Jurisdiction of the Supreme Court. The Supreme Court has original, appellate and advisory jurisdiction.

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Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question whether of law or of fact on which the existence or extent of a legal right depends.

In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself.

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 1 , 1 or of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : a that the case involves a substantial question of law of general importance, and b that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

In criminal cases, an appeal lies to the Supreme Court if the High Court a has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or b has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or c certified that the case is a fit one for appeal to the Supreme Court.

Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.

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  • The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article of the Constitution. Under Articles and of the Constitution the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself.

    In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, , the Court may take action a Suo motu, or b on a petition made by Attorney General, or Solicitor General, or c on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General. Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.

    Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction.

    Such concept is popularly known as 'Public Interest Litigation' and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction.

    If a person belongs to the poor section of the society having annual income of less than Rs. The aid so granted by the Committee includes cost of preparation of the matter and all applications connected therewith, in addition to providing an Advocate for preparing and arguing the case. Any person desirous of availing legal service through the Committee has to make an application to the Secretary and hand over all necessary documents concerning his case to it. Persons belonging to middle income group i. If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused.

    Jurisdiction | Supreme Court of India

    In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved. The High Court stands at the head of a State's judicial administration. There are 24 High Courts in the country, three having jurisdiction over more than one State. The procedure for appointing puisne Judges is the same except that the Chief Justice of the High Court concerned is also consulted.

    They hold office until the age of 62 years and are removable in the same manner as a Judge of the Supreme Court. To be eligible for appointment as a Judge one must be a citizen of India and have held a judicial office in India for ten years or must have practised as an Adovcate of a High Court or two or more such Courts in succession for a similar period. Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose.

    The Nature of Supreme Court Power The Nature of Supreme Court Power
    The Nature of Supreme Court Power The Nature of Supreme Court Power
    The Nature of Supreme Court Power The Nature of Supreme Court Power
    The Nature of Supreme Court Power The Nature of Supreme Court Power
    The Nature of Supreme Court Power The Nature of Supreme Court Power
    The Nature of Supreme Court Power The Nature of Supreme Court Power

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