Tuesday, February 3, 2015

Supreme court of India

Supreme court of India is the "guardian of the Constitution". 
Under, Article 32 it acts as protector of Fundamental Rights of every Indian citizen. Article 131 gives exclusive jurisdiction to solve disputes between states and centre or between states on all matters. Article 137 provides powers to review its own judgements. SC also has advisory jurisdiction under 143 on matter of constitution and law to President of India.
If constitution repeals “Article 132-134” (Appellate jurisdiction), then only above mentioned constitutional load will remain on Supreme Court.
Indian constitution attempts to provide a panacea for the many political, economic and social ills the country had been plagued with. Supreme Court of India in its constitutional field has yet to register 500 cases a year.
So, if Appellate jurisdiction repealed India will not need 26 judges of SC to deal with just 500 cases a year. Size of SC will reduce drastically.
Though, SC is working slow, appellate jurisdiction is vital for public remedies because most cases are registered under Article 226 and not under Article 32 for constitutional remedy.
Pending cases (Backlog) remedies for Courts :
-establish lok-adalats frequently (thrice a year)
-Establish E-Courts for specific jurisdictions (small cases)
-Denounce “pleas for leave” which seems farce and unethical (save courts time)
-Stop bureaucratization of criminal justice system (police reforms)
-Stop inclusion of faulty PILs

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