The Supreme Court of India is the highest judicial body under India's constitution. It is the highest constitutional court, which has authority over judicial review as well as has the power to review its judgments under Article 137. Consisting of India's Chief Justice of India who is Justice Sharad Arvind Bobde and a maximum of 34 judges, it has broad powers in the form of original jurisdictions, appeals and advisory jurisdiction. It is considered to be India's most powerful, effective and influential public institution. It takes up appeals, as the country's Supreme Court, mainly against verdicts by the High Courts of various Union states and other courts and tribunals. It safeguards citizens' fundamental rights and resolves disputes between different governmental authorities, as well as the central government versus state governments versus another government in the entire country. As an advisory tribunal, it hears matters which the President of India can expressly refer to under Article 143 of The Indian Constitution. There is a list of cases where the Supreme Court (SC) has Cuomo in power and where an individual can directly go to the SC. In our county, SC is “Treated not less than a temple for justice.”
- Article 131 of The Constitution of India, 1949 provides original jurisdiction to the Supreme Court of India; where the court has exclusive powers to directly hear any dispute between central and state government or between state governments to resolve and the law proclaimed by the SC becomes binding on all courts in India, and also on the governments of the union and state.
- The appealing jurisdiction can be exercised by a certificate issued by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any High Court's judgment, decree or final order in both civil and criminal cases, raising important legal questions as to the interpretation of the Indian Constitution.
- Under Article 32 of the Constitution of India, 1949; a citizen of the country can directly approach and file a case stating violation of any fundamental right provided in the constitution from Article 12 to 35, Part III of the ConstitutioAll the fundamental rights have been split into six major heads: Right to equality (Article 14-18), right to Freedom (Article 19-22), right against Exploitation (Article 23-24), right to Freedom of Religion (Article 25-28), Cultural and Educational Rights (Article 29-30), right to Constitutional Remedies (Article 32-35).
Writs petition are a direct approach to the Supreme Court under article 32 or the High Court under Article 226; there are five types of writ petition:
- A writ of habeas corpus derived from the Latin word means "you can have the body" is a document (judicial order) requiring a person under arrest to be brought before a judge or before a court of law. The habeas corpus principle guarantees that an inmate can be released from arbitrary detention — that is, imprisonment without adequate cause or evidence. It is writ for personal liberty under article 21.
- On 2nd August 2020, Bihar IPS officer VinayTiwari was quarantined in Mumbai, who had arrived on 27th July 2020 to investigate the Sushant Singh Rajput death case which had completely tried the country up-side-down and raised tons of questions related to an investigation done by Mumbai Police. Later, a petition of habeas corpus writ was filed in The SC, and on 15th August the officer was released from unlawful detention.
- The writ of Mandamus derived from the Latin term, meaning "We command." Mandamus is an order given by a superior court to a lower court or tribunal or public body to conduct an act that falls within its duties. It is provided to ensure that public duties are fulfilled and to implement private rights denied by the public authorities.
- The writ of Certiorari means certified. The Writ of Certiorari is issued by the Supreme Court for proper consideration by any lower court or tribunal to move the matter to it or some other superior authority. The Supreme Court or any High Court may issue the Writ of Certiorari for quashing an order already passed by an inferior court.
- In the case of Province of Bombay v/s Khushaldas, it was held that the writ of certiorari lies on judicial bodies one of the basic rules for issuing a certiorari's letter is that the letter should only be used for dismissing or adjudicating the legitimacy of judicial actions includes quasi-judicial functions by administrative bodies or authorities or individuals coerced.
- The writ of Prohibition means prohibiting or stopping and is popularly known as 'Stay Order.' This Writ shall be issued when a lower court or entity seeks to exceed the limits or powers imposed upon it. It is a Writ given to a lower court by a higher court or a tribunal that forbids it from conducting an act outside its jurisdiction. Come to a halt following the question of these Writ proceedings in the lower court etc.
- The writ of Quo-Warranto' simply means "by what warrants?" It is a letter given to restraining a person from serving in a public position to which he has no right. The quo-warranto Writ is used to prohibit someone from unlawfully holding any public office or usurping any public office.
- Sometimes, PIL (Public Interest Litigation) are also filed in the Supreme Court in matters which are directly related to the welfare of the Society. The definition of PIL is adapted to the values enshrined in Article 39A of the Indian Constitution for preserving and providing prompt social justice with the assistance of the law.
- The SC, however, began to accept cases on the grounds of litigation of public interest, which means that even people who are not directly involved in the case can bring matters of public interest to the court. It is the privilege of the court to entertain the PIL's application.
- In 2006, LaxmiAgarwal filed PIL asking for restriction on the sale of acid. The Supreme Court in 2013 ruled in favour of Agarwal and Rupathe applicant, thereby establishing a fresh collection of acid constraints. Under the new regulations, the acid may not be sold to any person below 18 years of age. Furnishing a photo identification card before buying acid is also needed.
Now the question is how to file a petition or PIL extra due to the pandemic there is an e-filing available to serve the ends of justice. The following steps:
- Visit the Website of https://main.sci.gov.in/.
- Click on e-filing
- Then Login in by filling login name, password and security.
- Then click on the new filing.
- Enter the details of the Petitioner as well as the respondent,
- Choose Petition with Other Document Option if you are filing a single document with all annexure.
- Fill the additional advocate’s details and after that, select the category of the petition.
- Then the limitation information has to be filed if the petition is time-barred.
- Online payment of the court fee has to be done.
- Then a provisional application number is generated, and a diary number of the petition filed is also sent to the party viva SMS.
- It can be concluded that the Supreme Court is the highest-ranked Judiciary body in the county and is responsible for ensuring that every citizen of the can exercise his/her rights given by the constitution for which a hierarchy of Court is followed like in case of SLP under section 136. But there are certain cases where one can directly go to the Supreme Court of India like for violation of fundamental right, writ petitions and PIL’s.