Identifying Shared Powers: Supreme Court & High Court
The question asks to identify a power conferred upon both the Supreme Court (SC) and a High Court (HC).
Understanding 'Court of Record'
A 'Court of Record' has two main attributes:
- Its proceedings are recorded and preserved as evidence of its proceedings, decisions, and judgments, which cannot be questioned or contradicted in any court.
- It has the power to punish for contempt of itself.
Analysis of Powers
- Advisory Power: Primarily vested in the Supreme Court (Article 143), not typically held by High Courts in the same manner.
- Power of Complete Justice: While both courts aim for justice, the SC's power under Article 137 (review) or its appellate jurisdiction is broader. HC's power is specific to cases before them.
- Power of Court of Record: Both the Supreme Court (Article 129) and High Courts (Article 215) are explicitly designated as Courts of Record by the Constitution of India.
- Power to allow/refuse Special Leave Petitions (SLP): This power is exclusive to the Supreme Court under Article 136.
Conclusion on Shared Power
Based on the constitutional provisions, the 'Power of court of record' is a power explicitly conferred upon both the Supreme Court and every High Court.
Important Questions from Judiciary-Supreme Court & High Courts
With reference to India, consider the following statements :
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct ?
Which one of the following statements is not correct?
(a) The Supreme Court of India is a Court of Record.
(b) High Courts in India are Courts of Record.
(c) Subordinate Courts in India are Courts of Record.
(d) All Courts in India are not Courts of Record.Consider the following pairs :
1. Enlargement of Jurisdiction of the Supreme Court: Article 138A of Constitution of India.
2. Conferment on the Supreme Court of powers to issue certain writs : Article 139A of Constitution of India.
3. Civil and judicial authority to act in aid of the Supreme Court : Article 144A of the Constitution of India.
How many of the above pairs are correctly matched?
- Which one of the following judgements is associated with the primacy of the Chief Justice of India and the Collegium of Judges in the appointment and transfer of the higher judiciary?
- The locus standi rule to move the court was liberalized by the case of:
