In certain countries, the Supreme Court, sometimes called a court of last resort or apex court, is the highest judicial entity within the legal system of that jurisdiction, whose decisions are not subject to further examination by another judge. Between jurisdictions, the designations for such courts may vary. Last recourse courts usually operate mainly as appellate courts, hearing appeals from trial courts or appeal courts which are at an intermediate level. In fact, several countries have several “supreme courts,” each of which is the court of last resort for a given geographical region or on a specific field of law. Many higher court’s established case laws applied to their respective jurisdictions or enforce coded rules in civil law countries in order to preserve a consistent understanding. Most common-law nations have a prior decision theory in which previous court decisions represent a legal precedent to their jurisdiction for the same court or courts of lower status. The highest and final authority for all of the decisions is the Supreme Court.
The understanding of justice
Justice is the definition of ethics, morality, natural law, fairness, equality and equity. Justice is the pillar of civilization. It’s the correct ordering of items and individuals. It implies equality, in literal words. Equality amongst all people. John Rawls used a social contract argument in his book ‘A Theory of Justice’ to prove that justice, and distributive justice in particular, is a type of fairness: an equitable distribution of goods. Rawls asks us to picture ourselves behind a curtain of ignorance that excludes all knowledge of our identities, social statuses, moral values, wealth, skills and life plans and then asks what philosophy of justice we would want to rule our society when the curtain is lifted if we wanted to do the best for ourselves.
The supremacy of law, which has a broader socio-legal connotation upholds the sanctity of the judicial system in providing justice to those knocking at its doors. ‘Satyameva Jayate’, this one sentence encapsulates the essence of the judicial system’s dreams and values in India. Judiciary is one institution that infuses confidence in the people with respect to the rule of law and the omnipotence of justice by the punishment of the culprit. Therefore someone who tries to obstruct the legal process and bypass the ends of justice is considered a suspect in the eyes of law.
The judiciary was to be the arm of the democratic movement, defending the equality demanded by Indians. There is a separation of powers between the central and state governments. Therefore, in order to preserve the supremacy of the constitution, the Central and State Government disputes must be resolved by an independent and neutral authority. The Supreme Court is a kind of arbitrator.
It is the Constitution’s ultimate interpreter and guardian. Besides this, it is also the defender of the people’s human rights. It is the greatest tribunal that has to draw the line between individual rights and power over society. The Supreme Court must serve as “guardian of social reform.”
Article 142 of the Indian Constitution provides that, in the exercise of its jurisdiction, the SC may pass such decrees or orders as may be required in the matter pending before it for complete justice. The court’s decision is enforceable before Parliament makes provision for it to be in the manner specified by the president. Article 144 as per the Indian Constitution provides that, with the assistance of that Supreme Court, all civil and judicial authorities in the territory of India shall act. The power bestowed by Article 142 is intrinsic power and can be used to do maximum justice. And under Article 144, the power is rather broad and legal theories may be developed by the court to satisfy the ends of justice.
According to the provisions of almost any law made in that name by Parliament, the Supreme Court, as regards the entire territory of India, shall have any and all authority to change any order or law for the purpose of preserving the presence of any individual, the discovery or processing of any records, or the inspection or penalty of any contempt for itself. This has been enshrined as per Article 144(2) of the Indian Constitution.
The vision of justice as envisaged in our Constitution is such that all people are made equal to certain inalienable rights and, in order to protect these rights, governments deriving their powers from the consent of those governed are instituted; and if some sort of rule becomes destructive of those ends, citizens have the right to withdraw their consent, thus, bringing in a new government that would safeguard people’s rights.
The Constitution assumes that the common good is consistent with ensuring human rights for the largest number of people. The Constitution’s provisions were worded economically yet dynamically extended by the Supreme Court and the High Courts throughout the country to meet the need that has arisen from time to time, making the provisions meaningful and important to the citizens of India. Ours is a noble Constitution which the people of consummate abilities and loyalty have reared up. It is a document founded on solid moral roots and rooted in timeless principles; our Constitution offers a gallant show of unprecedented virtues of agelessness with a great vision of justice.
References
https://main.sci.gov.in/jurisdiction#:~:text=The%20appellate%20jurisdiction%20of%20the,questions%20of%20law%20as%20to
https://ballotpedia.org/Appellate_jurisdiction
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