Powers of the Supreme Court
The Supreme Court of India, as a Court of Record, has significant powers that contribute to its role as the highest court in the country:
1. Record of Judgments and Proceedings:
- The Supreme Court’s judgments, proceedings, and acts are preserved permanently for memory and testimony.
- These records are of evidentiary value and cannot be questioned in any other court when produced. They serve as legal precedents and references.
2. Power to Punish for Contempt of Court:
- The Supreme Court can punish individuals for contempt of court, either with simple imprisonment for up to six months, a fine up to ₹2,000, or both.
- In 1991, the Supreme Court ruled that it has the power to punish for contempt not only of itself but also of high courts, subordinate courts, and tribunals across the country.
Contempt of court can be of two types:
- Civil Contempt: This involves willful disobedience to any judgment, order, writ, or other process of a court, or a willful breach of an undertaking given to a court.
- Criminal Contempt: This occurs when a person publishes any matter or takes an action that scandalizes or lowers the authority of a court, prejudices or interferes with judicial proceedings, or obstructs the administration of justice.
Power of Judicial Review
- Judicial review is the power of the Supreme Court to examine the constitutionality of legislative acts and executive orders issued by both the Central and state governments.
- If the Supreme Court finds that these laws or orders violate the Constitution (ultra vires), it can declare them illegal, unconstitutional, and invalid (null and void). As a result, these laws or orders cannot be enforced by the government.
