I read with interest a powerful email. yes sir in every one THERE IS AN UNREADABLE MAP. Getting the best out of every one, even 51%, is tough. ONLY THE INDIVIDUALS DELIGHT THE DHARMA. The error was because of Ambedkar who drafted the constitution. In no other nation a constitution was amended so many times. He did not say who is subordinate to whom. Can there be 3 leaders in your family 3 leaders and lead a peaceful life where ego played its role? Corruption exists even in the bench of the constitutional authorities which we cannot do away with while we are able to kill a peon easily and show stat. Whether modi or Nehru there are only power corrupting power absolutely from which people cannot wriggle away. If we carefully view the words of replies by SC on President query without any substance, we shall understand that fear is behind the words. AS LONG AS SWADHARMA IS FOLLOWED THERE IS NO HIGH AND LOW BUT..........KR IRS 31825
---------- Forwarded message --------- From: Padmanabhan Thothadri <[email protected]> Date: Sat, 30 Aug 2025 at 23:23 Subject: Re: [society4servingseniors] Can the Judiciary take over powers to dictate the Executive? To: Rajaram Krishnamurthy <[email protected]> TO MY REGRET, THIS MAIL IS FOUND NECESSARY BY WAY OF CORRECTION OF THE EARLIER ONE OF TODAY: THE FOLLOWING MAY BE TAKEN IN THE PLACE OF THE PASSAGE SENT EARLIER. THERE IS SOMETHING TO BE SAID/SUGGESTED AS A LINE OF STUDY: FOR PUBLIC SERVICE THERE IS A FAIRLY RIGOROUS METHOD OF RECRUITMENT WHICH WITH THE VERY BEST OF CARE TAKEN BY A VERY LARGE BODY OF PEOPLE TAKING PART AT THE SELECTION END STILL FAILS IN ENSURING AGAINST ENTRY OF ANY *IN*CAPABLE OF SATISFACTORY SERVICE. BECAUSE PSYCHOLOGY HAS DISCLOSED THAT “IN EVERY ONE OF US THERE IS A VAST UNMAPPED TERRITORY.” THE CORRESPONDING PARAGRAPH IN THE FIRST AND THE SECOND MAIL MAY KINDLY BE DELETED. (SORRY FOR THE TROUBLE). T.P. T.Padmanabhan 15 Santosham, Off Siruvani Main Road Perur-Pachapalayam Coimbatore 641010 India On Sat, Aug 30, 2025 at 11:02 PM Padmanabhan Thothadri <[email protected]> wrote: > DEAR SIR, THE PARAGRAPH (OCCURRING IN THE END, THE FIRST OF THE LAST THREE > PARAGRAPHS) MAY BE > REPLACED WITH THE FOLLOWING (JUST A MINOR CORRECTION BUT WITH MAJOR > SIGNIFICANCE): > THERE IS SOMETHING TO BE SAID/SUGGESTED AS A LINE OF STUDY: FOR PUBLIC > SERVICE THERE IS A FAIRLY RIGOROUS METHOD OF RECRUITMENT WHICH WITH THE > VERY BEST OF CARE TAKEN BY A VERY LARGE BODY OF PEOPLE TAKING PART AT THE > SELECTION END STILL FAILS IN ENSURING AGAINST ENTRY OF ANY *IN*CAPABLE OF > NOTHING BUT SATISFACTORY SERVICE. BECAUSE PSYCHOLOGY HAS DISCLOSED THAT > “IN EVERY ONE OF US THERE IS A VAST UNMAPPED TERRITORY.” > T.Padmanabhan > 15 Santosham, > Off Siruvani Main Road > Perur-Pachapalayam > Coimbatore 641010 India > > > On Sat, Aug 30, 2025 at 10:19 PM Padmanabhan Thothadri <[email protected]> > wrote: > >> DEAR SIR, HERE IS A POINT OF VIEW FOR WHAT IT IS WORTH, AMPLY BACKED BY >> TRUTHS >> EMBEDDED IN JUDICIAL LITERATURE. >> POWER OF THE JUDICIARY IS THE NET WORTH OF THE PERSONALITIES OF THE >> JUDGES, >> EITHER SINGLY OR IN GROUPS DISPOSING OF CASES/ISSUES. >> >> (*CONSTITUTIONALISM AND ITS RELEVANCE TO POLITICAL/SOCIAL ETC. >> DEVELOEMENTS MAY BE A CORRECT ENOUGH DESCRIPTION OF THE THEME.)* >> >> >> >> REFERENCE IS NECESSARY TO CERTAIN THEORETICALLY UNASSAILABLE LEGAL >> PRONOUNCEMENTS/REMARKS, AND SITUATIONAL REALITIES. >> >> 1. *A GOOD ENOUGH BEGINNING IS THE REPRODUCTION OF ROSCOE >> POUND’S ‘APHORISM:’ “THE LAW MUST BE STABLE AND YET IT MUST NOT STAND >> STILL.” *THE ENTIRE SOCIETY, AND EVERY CONSTITUTIONALLY DESIGNED LIMB >> OF GOVERNANCE/GOVERNMENT WILL HAVE TO BE A PARTICIPANT IN THE THE PROCESS >> OF MAINTAINING STABILITY AND ENSURING MOVEMENT (LET US HOPE THE MOVEMENT >> WILL EVER BE FORWARD AND TOWARD SOCIAL GAIN/ADVANTAGE). WHEN IT COMES >> TO SITUATIONAL REALITIES, HOPE IN THE WORDS OF THE POET WILL BE FOUND TO >> HAVE TURNED INTO “AN UNKIND CHEAT, AN UNFAIR FALLACY.” >> >> IN THIS PROCESS THAT HAS SECURED FOR THE PUBLIC MOSTLY DISAPPOINTMENTS, >> LET US TAKE A BRIEF LOOK AT THE ROLE OF THE LAWYERS, OF THE BAR. >> CONTRARY TO NORMAL PUBLIC EXPECTATIONS, THERE SEEM TO HAVE COME INTO BEING >> “PERMANENT ALLIANCES” OF QUITE SOME LAW PRACTITIONERS WITH LESS THAN >> LEGITIMATE SOCIAL, POLITICAL, SOCIO-POLITICAL ETC INTERESTS. ADVICE >> WILL BE FOUND TO BE ALL TOO EASILY AND READILY AVAIABLE TO POLITICALLY, >> SOCIALLY ETC. EVIL INTERESTS, TAKING SEVERAL FORMS, HOW TO INITIATE, >> SUBSIST ON, PERSIST IN, THRIVING ON/IN EVIL. AVAILABILITY OF THE BEST >> LEGAL ADVICE AND THE BEST LEGAL ARGUMENTS ON BEHALF OF SOCIETY AS A WHOLE >> MAY BE FOUND TO BE BECOMING INCREASINGLY SCARCE. SOME LAWYER’S >> ASSOCIATION WITH THE ANTI-SOCIAL ALMOST AT EVERY STAGE, MOSTLY PROCESSUAL >> STAGE QUESTIONING THE VALIDITY/PERMISSIBILITY OF THE PROCEDURES ADOPTED BY >> SAY CONSTITUTIONALLY SUSTAINED AGENCIES, AT THE STAGE OF QUESTIONING THE >> SUBSTANCE OF DECISIONS ACHIEVED THROUGH THE PROCESSES/PROCEDURES FOLLOWED, >> ETC.WILL HAVE THE MOST UNDESIRABLE EFFECT OF DELAYING JUSTICE. >> >> QUITE SOME LAWYER’S ALIGNMENT WITH POLITICAL/PARTISAN FORCES SEEMS TO >> HAVE BECOME THE ORDER OF THE DAY. REGRETTABLY ENOUGH, QUITE SOME OF >> THE PROFESSION MAY HAVE ALLIED THEMSELVES ON LONG-TERM BASIS WITH ‘THE >> REACTIONARY SERVANTS OF VESTED INTERESTS.’ >> >> ALL THIS WILL BE FOUND TO HAVE ENSURED THAT LAW IS EVER UNSTABLE, AND IF >> AND WHEN IT STARTS MOVING TO AVOID BEING STILL, IT WILL BE ONLY TO ACHIEVE >> A LIMP, AN UNSTEADY PACE, LIKE THAT OF’ A DRUNKARD TOTTERING FROM LAMP-POST >> TO LAMP-POST’ NOT FOR ENLIGHTENMENT BUT FOR PHYSICAL SUPPORT. >> >> >> >> 2. *PROLIFERATION OF AMBIGUITIES IN THE CONCEPTS OF LIBERTY, >> FREEDOM, RIGHTS ETC.* EVERY CITIZEN, EVERY MEMBER OF THE EXECUTIVE, >> LEGISLATURE, JUDICIARY WILL HAVE HIS/HER OWN NOTIONS OF THE BASIC >> SIGNIFICANCE OF THESE CONCEPTS; EACH SUCH UNDERSTANDING WHEN IT GOES >> PUBLIC IN SOME FORM OR OTHER, ON SOME OCCASION OR OTHER, IN SOME CONTEXT OR >> OTHER WILL HAVE THE INEVITABLE EFFECT OF ADDING TO THE AMBIGUITIES. >> >> NO CONSTITUTION, NO STATUTE WILL EVER BE FOUND SO PERFECTLY DESIGNED, >> PRECISELY WORDED, IMPECCABLY CONSTRUCTED LANGUAGE WISE AS TO GUARANTEE >> STABILITY, AS TO ENSURE EVERY ACT OF CESSATION OF STILLNESS BEING A MOVE >> FORWARD, TOWARD SOCIALLY DESIRABLE, ADVANTAGEOUS OUTCOME. >> >> >> >> I find it difficult to resist the temptation to repeat something said by >> one C.K. Allen who must have passed for a respectable legal luminary: a >> fight between legitimate expectations and less than legitimate ones is an >> occurrence which none in his senses can ever hope to avoid. And C.K. Allen >> would have us believe that at best what is possible of achievement is "a >> vague and apprehensive fumbling towards a sort of redress of the balance." >> Between 'private misfortune and public mischief', a never-ending war will >> be going on, all because legislation, be it for whatever purpose it may, >> has got to take form only through language, through use of words; and so >> long as words alone can be the medium ultimately of social control, >> imprecision in understanding is bound to be the outcome; because words are >> the sole resort to convey ideas, purposes, intentions, expectations and the >> like for the administering of social affairs. >> >> Here is summing up of the judicial process (by Monroe Smith) which can't >> easily be improved upon: "In their effort to give effect to the social >> sense of justice articulate expression in rules and in principles, the >> method of the law-finding experts has always been experimental. The rules >> and principles of case law have never been treated as final truths, but as >> working hypotheses, continually retested in those great laboratories of the >> law, the courts of justice. >> >> AT THIS POINT IT IS NOT INAPPROPRIATE TO REPRODUCE THE FAMOUS LINES OF >> POETRY: >> >> “IT IS WITH OUR JUDGMENTS AS OUR WATCHES; NONE TWO GO ALIKE, YET EACH >> BELIEVES HIS OWN.” >> >> Every new case is an experiment; and if the accepted rule which seems >> applicable yields a result which is felt to be unjust, the rule is >> reconsidered. It may not be modified at once, for the attempt to do >> absolute justice in every single case would make the development and >> maintenance of general rules impossible; but if a rule continues to work >> injustice, it will eventually be reformulated. The principles themselves >> are continually retested; for if the rules derived from a principle do not >> work well, the principle itself must ultimately be re-examined." And in the >> meantime, less than justice, perhaps positive disadvantage might be the >> outcome either for a party or for a section or whole of society. Such is >> the inevitable outcome of the ‘ephemerality of precedent’. >> >> We may profitably seek the help of C.K. Allen to make another point, made >> with considerable facility and felicity alike: referring to statute as a >> form of literature, he delivers 'an awful warning to all who live by >> letters’. Of all calculated forms of human expression, statute aims at >> being precise, unmistakable and comprehensive. It constantly fails to be >> so. Half the time of judges nowadays is spent in trying to determine the >> meaning of statutes and statutory instruments on which infinite time and >> trouble have been expended to make them clear beyond peradventure. It is >> the same throughout the whole of legal language; there is hardly a term in >> the juristic vocabulary which does not mean widely different things in >> different contexts. >> >> . My humble comment takes the form of a line of enquiry: in how many >> attempts at drafting legislation, will those engaged therein / entrusted >> therewith, be free from conceit / vanity to the extent of seeking help from >> experts in philology, semantics, lexicography, psychology, sociology / >> social psychology, and like disciplines, to banish genuine doubts without >> which the mind becomes useless as a tool for thinking, for deliberations? >> >> >> >> 'THE JUDGE AS THE INTERPRETER FOR THE COMMUNITY OF ITS (THE STATUTE'S) >> SENSE OF LAW AND ORDER MUST SUPPLY OMISSIONS, CORRECT UNCERTAINTIES, >> HARMONIZE RESULTS WITH JUSTICE THROUGH A METHOD OF FREE DECISION.' >> >> 'ONE WEIGHTY TASK OF THE SYSTEM OF THE APPLICATION OF LAW CONSISTS IN >> THIS, TO MAKE MORE PROFOUND THE DISCOVERY OF THE LATENT MEANING OF POSITIVE >> LAW. MUCH MORE IMPORTANT IS THE THE SECOND TASK WHICH THE SYSTEM >> SERVES, VIZ. THE FILLING OF THE GAPS WHICH ARE FOUND IN EVERY POSITIVE LAW >> IN GREATER OR LESS MEASURE' IN THE CONTEXT PROVIDED BY CONSTANT/NEVER >> CEASING FLUX (NOTE: MOST OF THIS WILL APPLY TO NEGATIVE LAW AS WELL). >> >> HERE IS ONE OF THE FINEST TRUTHS UTTERED ON JUDICIAL MENTALITY, APPROACH >> TO MEN AND MATTERS, BY ONE OF THE GREATEST JUDGES, CARDOZO. >> >> THE TRAINING OF THE JUDGE, IF COUPLED WITH WHAT IS STYLED THE JUDICIAL >> TEMPERAMENT WILL HELP IN SOME DEGREE TO EMANCIPATE HIM FROM THE SUGGESTIVE >> POWER OF INDIVIDUAL DISLIKES AND PREPOSSESSIONS. ‘HIS SUBCONSCIOUS >> LOYALTIES WILL/ CAN NEVER BE UTTERLY EXTINGUISHED, “WHILE HUMAN NATURE IS >> WHAT IT IS.” AND “THERE IS NO GUARANTEE OF JUSTICE EXCEPT THE >> PERSONALITY OF THE JUDGE.” >> >> “THE ECCENTRICITIES OF JUDGES BALANCE ONE ANOTHER. ONE JUDGE LOOKS AT >> PROBLEMS FROM THE POINT OF VIEW OF HISTORY, ANOTHER FROM THAT OF >> PHILOSOPHY, ANOTHER FROM THAT OF SOCIAL UTILITY. ONE IS A FORMALIST, >> ANOTHER A LATITUDINARIAN, ONE IS TIMOROUS OF CHANGE, ANOTHER DISSATISFIED >> WITH THE PRESENT; OUT OF THE ATTRITION OF DIVERSE MINDS THERE IS >> BEATEN SOMETHING WHICH HAS A CONSTANCY AND UNIFORMITY AND AVERAGE VALUE >> GREATER THAN ITS COMPONENT ELEMENTS. THE SAME THING IS TRUE OF >> JURIES.” “QUITE LIKELY THAT THE PRODUCT MAY BETRAY THE FLAWS INHERENT >> IN ITS ORIGIN. THE FLAWS ARE THERE AS IN EVERY HUMAN >> INSTITUTION……” “THERE IS NO ASSURANCE THAT THE RULE OF THE MAJORITY >> WILL BE THE EXPRESSION OF PERFECT REASON WHEN EMBODIED IN CONSTITUTION OR >> IN STATUTE…..WE OUGHT NOT TO EXPECT MORE OF IT WHEN EMBODIED IN THE >> JUDGMENTS OF THE COURTS.” >> >> DIVERGENT VALUE STAND-POINTS ASSERTING THEMSELVES, THE INEVITABILITY OF >> THE REJECTION OF ANYTHING IN ABSOLUTE TERMS, THE RARITY OF TOTAL FUSION >> OF LAW AND MORALITY, THE RARITY OF “ THE COALESCENCE OF THE ‘IS’ AND THE >> ‘OUGHT’” MAY MAKE IT LESS THAN POSSIBLE FOR THE JUDGES OF THE SUPREME COURT >> AS OF ANY OTHER COURT TO BE ‘’PERFECTLY CONSCIENTIOUS TRUSTEES OF SOCIAL >> INTERESTS.” >> >> AND SOCIETY WILL HAVE TO LIVE WITH AN ADDITIONAL MYTH, TAKING IT AS A >> MATTER OF SUPREME LUCK IF ANYTHING GOES THEIR WAY WITHOUT HARMING ANY. >> BUT WILL THE UNDENIABILITY OF THE SOUNDNESS OF THE PROVERB “ONE MAN’S MEAT >> IS ANOTHER’S POISON” RULE OUT EVEN THIS SORRY SATISFACTION? >> >> AND IS IT EVER POSSIBLE TO LAY TO REST THE VIEW THAT ‘JUSTICE AS >> ADMINISTERED IS PART FACT AND PART FICTION?’ IN PARTICULAR CONSIDERING >> THAT THE JUDGE HAS TO ‘SEE HIS WAY THROUGH A MAZE OF UNDOCTORED FACTS, >> DISTORTIONS, WITHHELD INFORMATION, INACCESSIBLE INFORMATION, UNAVOIDABLY >> CALLING INTO PLAY INSTINCT? EVEN ASSUMING THAT A JUDGE IS ABLE TO BRING TO >> BEAR ON HIS SACRED FUNCTION THE RAREST OF THE RARE QUALITY OF HEAD AND >> HEART VIZ. MORAL NEUTRALITY, WILL THE FOREGOING EVER MAKE IT POSSIBLE FOR >> HIM TO ACHIEVE AND PRONOUNCE ABSOLUTE JUSTICE? >> >> >> >> THERE IS SOMETHING TO BE SAID/SUGGESTED AS A LINE OF STUDY: FOR PUBLIC >> SERVICE THERE IS A FAIRLY RIGOROUS METHOD OF RECRUITMENT WHICH WITH THE >> VERY BEST OF CARE TAKEN BY A VERY LARGE BODY OF PEOPLE TAKING PART AT THE >> SELECTION END STILL FAILS IN ENSURING AGAINST ENTRY OF ANY CAPABLE OF >> NOTHING BUT SATISFACTORY SERVICE. BECAUSE PSYCHOLOGY HAS DISCLOSED THAT >> “IN EVERY ONE OF US THERE IS A VAST UNMAPPED TERRITORY.” >> >> STILL IS IT NOT TO BE EXAMINED: IS THE METHOD OF INDUCTING INTO THE >> JUDICIAL OFFICE PRESENTLY PRACTISED ANYWHERE NEAR ADEQUACY, >> APPROPRIATENESS, ‘SATISFACTORY’ IN ALL RESPECTS’ CALCULATED TO ENSURE THE >> ENTRY ONLY OF THOSE WITH THE RIGHT DISPOSITION (WITH ALL THE DIFFICULTY >> ATTENDANT ON DEFINING THE RIGHT DISPOSITION, THE RIGHT PERSONALITY FOR THE >> JUDICIAL POSITION/OFFICE). >> >> LET US CALL TO MIND THE FAMOUS LINES OF SANSKRIT: >> >> यथा चतुर्भि: कनकं परीक्ष्यते। निघर्षणच्छेदनतापताडनै:॥ >> >> तथा चतुर्भि: पुरुष: परीक्ष्यते। श्रुतेनशीलेनगुणेनकर्मणा॥ EVEN AS >> GOLD IS TESTED THROUGH FOUR METHODS, RUBBING, CUTTING, HEATING/MELTING, >> BEATING, SO SHALL THE HUMAN BE TESTED, THROUGH FOUR PROVEN TESTS, >> KNOWLEDGE, CONDUCT, QUALITIES OF HEAD AND HEART, CAPACITY FOR ACTION. >> THE READERS SHOULD PRESS INTO SERVICE THEIR CAPACITY FOR DOUBT/THINKING TO >> LEVEL A GUESS AT WHETHER IN THE COURSE OF A BRIEF INTERVIEW ANY MORE THAN >> THE MEREST FRACTION OF ANY OF THESE IS LIKELY TO MAKE ITSELF AVAILABLE FOR >> DISCOVERY. EVEN WERE ANY OTHER, ANY MORE SOPHISTICATED, METHOD BROUGHT >> TO BEAR ON THIS TASK/EXERCISE, WILL PSYCHOLOGICAL TACTICS BASED >> UPON/LEADING TO “IMPRESSION MANAGEMENT” ENSURE/FACILITATE ACHIEVEMENT OF >> THE PURPOSE? THE EFFORT AT DEVISING A VIRTUALLY FOOL PROOF METHOD IS >> NONE THE LESS A NECESSITY, IN SOCIAL INTEREST. AND THE QUALITY OF >> PERFORMANCE WHILE ON JUDICIAL DUTY IN LESSER/OTHER CAPACITY, AT OTHER >> LEVELS OF/IN OTHER CONTEXTS OF/FOR JUDICIAL RESPONSIBILITY WILL CALL FOR >> SPECIAL ATTENTION, WHEN IT COMES TO CONSIDERING THE TITLE OF THE HOLDERS OF >> JUDICIAL OFFICE TO SMOOTH MOVEMENT UP THE JUDICIAL HIERARCHY. >> >> >> T.Padmanabhan >> 15 Santosham, >> Off Siruvani Main Road >> Perur-Pachapalayam >> Coimbatore 641010 India >> >> >> On Thu, Aug 21, 2025 at 3:35 PM Rajaram Krishnamurthy < >> [email protected]> wrote: >> >>> POWER OF JUDICIARY SC VERDICT LONG AGO >>> >>> xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx >>> >>> The Supreme Court has Judicial Review power that is being vested through >>> Article 13 of the Constitution, which means the Supreme Court has the power >>> to strike down any legislation and executive action if such acts are found >>> to be inconsistent with the Constitution of India. >>> >>> xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx >>> >>> Power of the judiciary and the Indian Supreme Court's verdicts >>> >>> The Indian judiciary, with the Supreme Court at its apex, plays a >>> crucial role in the country's democratic framework and upholding the >>> Constitution. >>> >>> Here's an overview of the judiciary's powers and how Supreme Court >>> verdicts define and exercise those powers: >>> >>> 1. Guardian and interpreter of the Constitution >>> >>> The Supreme Court acts as the final interpreter and guardian of the >>> Constitution. >>> >>> It ensures that laws and government actions comply with the spirit and >>> letter of the Constitution, including the fundamental rights of citizens. >>> >>> 2. Judicial review >>> >>> This is a cornerstone of the Supreme Court's power, vested through >>> Article 13 and other articles like Article 32, according to Lloyd Law >>> College. >>> >>> It allows the Supreme Court to examine the constitutionality of >>> legislative enactments and executive orders at both the Central and State >>> levels. >>> >>> If a law or action is found to be unconstitutional, it can be declared >>> illegal, unconstitutional, and invalid, becoming unenforceable. >>> >>> 3. Landmark Supreme Court verdicts related to judicial power and >>> judicial review >>> >>> Supreme Court verdicts have been pivotal in shaping the scope of >>> judicial power and review in India. Key cases include: >>> >>> Kesavananda Bharati v. State of Kerala (1973): Established the "basic >>> structure doctrine," asserting that Parliament cannot alter fundamental >>> constitutional features, thereby expanding judicial review. >>> >>> Minerva Mills v. Union of India (1980): Reaffirmed judicial review as a >>> basic constitutional feature, allowing the striking down of laws >>> inconsistent with the basic structure. >>> >>> Indira Nehru Gandhi v. Raj Narain (1975): Declared the separation of >>> powers as part of the basic structure. >>> >>> I.R. Coelho v. State of Tamil Nadu (2007): Held that laws in the 9th >>> Schedule are subject to challenge if they violate fundamental rights or the >>> basic structure after April 24, 1973. >>> >>> Anoop Baranwal v Union of India (2025): The Court intervened in the >>> appointment of Election Commissioners. >>> >>> Uttar Pradesh Madrasa Education Board Act, 2004 Case (2024): Clarified >>> that ordinary laws cannot be challenged solely based on violating the Basic >>> Structure doctrine. >>> >>> 4. Limitations on judicial review >>> >>> Judicial review is subject to certain limitations: >>> >>> The judiciary generally avoids interfering with legislative and >>> executive functions unless they are clearly unconstitutional, in line with >>> the separation of powers. >>> >>> Judicial restraint is exercised in matters of policy decisions by the >>> legislature or executive. >>> >>> Constitutional amendments that adhere to the basic structure doctrine >>> are generally not reviewable. >>> >>> In summary, Supreme Court verdicts have been instrumental in defining >>> the judiciary's powers, particularly in upholding the Constitution and >>> fundamental rights through judicial review, while also emphasizing judicial >>> restraint and the separation of powers. >>> >>> xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx >>> >>> Introduction >>> The Supreme Court in India was established through an enactment passed >>> in pre-independent India, with the introduction of the Regulating Act, >>> 1773. The 1st Supreme Court started its function as a court of record at >>> Calcutta, and the 1st Chief Justice Sir Elijah Impey was appointed. The >>> court was established to resolve the disputes in Bengal, Orissa, and Patna. >>> Consequently, in 1800 and 1834, the King Gorge-III established the other >>> two Supreme Courts in Bombay and Madras. >>> >>> However, soon after the enactment of the Indian High Court Act, 1861, >>> the Supreme Courts in Calcutta, Bombay, and Madras were consequently >>> abolished and the courts in Calcutta, Bombay, and Madras resumed its >>> functioning as High Court. In 1935, the British Parliament enacted the >>> Government of India Act, 1935, after a resolution was passed by the Joint >>> Select Committee, which was headed by Lord Linlithgow. >>> The Government of India Act, 1935, led to the establishment of the >>> Federal Court in India, which has vested more judicial power than the High >>> court with original, appellate, and advisory jurisdiction. After >>> independence, the Constitution of India was adopted on 26th January 1950, >>> and the Federal Court of India resumed functioning as the Supreme Court of >>> India on 28th January 1950, which was presided by Hon’ble Mr. Justice >>> Harilal Jekisundas Kania. >>> As per article 124(1) of the Constitution, there should be a Supreme >>> Court in India that will be presided by the Chief Justice of India with >>> additional seven Judges until the parliament passes precedent for >>> increasing the number of Judges. However, currently, there are 34 judges in >>> the Supreme Court, and the current Chief Justice of India is Mr. Justice >>> Sharad Arvind Bodbe. >>> Importance of the Supreme Court in India >>> In the Constitution of India, part 5, chapter 6 deals with the power, >>> function, appointment, retirement, jurisdiction, etc. from Article 124 to >>> Article 147 of the Supreme Court. The followings are the importance of the >>> establishment of the Supreme Court: >>> 1) The Supreme Court is the highest appeal court that is also known as >>> the apex court of India and even the last resort, where the citizens of >>> India can seek justice if they are not satisfied with the judgment of the >>> High court. >>> >>> 2) The citizens of India, as per Article 32 of the Constitution, can >>> even directly sort for remedy through writs if their fundamental rights are >>> violated. >>> >>> 3) The Supreme Court has Judicial Review power that is being vested >>> through Article 13 of the Constitution, which means the Supreme Court has >>> the power to strike down any legislation and executive action if such acts >>> are found to be inconsistent with the Constitution of India. >>> >>> What are the functions of the Supreme Court? >>> The following are the Supreme Court functions: >>> >>> a) The SC gives the final verdict against an appeal from the other >>> subsidiary courts i.e., High courts. >>> b) It acts as an institution where issues from the different >>> governmental bodies, central government, and the state government matters >>> are resolved. >>> c) As per Article 141 of the Constitution, laws passed by the SC, apply >>> to all courts within the Indian Territory. >>> d) In some matters, the Supreme Court also acts on its own and can pass >>> suo moto. >>> What are the powers of the SC? >>> The Supreme Court has the following powers that are jurisdiction: >>> A) Original Jurisdiction: The following are the original jurisdiction of >>> the SC: >>> I) As per article 131 of the Constitution, the SC functions as original >>> jurisdiction over matters where the disputes are either between the Central >>> government and the state government or between two or more state >>> governments. >>> II) As per article 139 of the Constitution, the SC have the power to >>> issue writs, order, or direction. >>> III) As per section 32 of the Constitution, the SC also has the >>> authority to enforce Fundamental Rights. >>> IV) As per Article 139A of the Constitution, the SC on its discretion or >>> at the advice of the Attorney General of India can take up the cases during >>> the pendency of the matter from the high courts if the same issue is to be >>> disposed of by the SC that is related to the question of law. And it can >>> also transfer the pending cases, appeal or other proceedings to give >>> justice from one HC to another HC. >>> B) Appellate Jurisdiction: As per article 132, 133, 134 of the >>> Constitution, the SC has appellate jurisdiction in matters that are related >>> to civil, criminal, or Constitution. Also, as per article 136, the SC has >>> the power to issue special leave that is being by any tribunal courts in >>> India but this does not apply to Army courts. >>> C) Advisory Jurisdiction: As per article 143 of the Constitution, the SC >>> can advise the President of India that is related to the question of law, >>> and the nature of the matter is associated with the public importance. And >>> the President can also seek opinion in the matters that are related to >>> Article 131 of the Constitution. >>> D) Review Jurisdiction: As per article 137 of the Constitution, the SC >>> has the power to review any laws that are being passed by the legislature. >>> Conclusion >>> The Supreme Court is the highest appealing body in our jurisdiction. >>> With its establishment, justice is being proclaimed by the citizens of >>> India. The powers that are vested upon the SC are to ensure the fair trial >>> in matters that are about the Constitution of India; hence it also protects >>> the world’s largest democratic state. >>> >>> Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx >>> >>> K RAJARAM IRS 21825 >>> >>> On Thu, 21 Aug 2025 at 12:53, Yeddanapudi Markandeyulu < >>> [email protected]> wrote: >>> >>>> When the Three Branches,The Executive,The Legislative and the Judiciary >>>> are equal,can the Judiciary override the Executive? >>>> YMS >>>> >>>> -- >>>> You received this message because you are subscribed to the Google >>>> Groups "societyforservingseniors" group. >>>> To unsubscribe from this group and stop receiving emails from it, send >>>> an email to [email protected]. >>>> To view this discussion, visit >>>> https://groups.google.com/d/msgid/society4servingseniors/CAPYPc177Zrk_%2B9eweH5Y%3DDpQ01ZR75CYkGBeQw6s5q9mnz1mdg%40mail.gmail.com >>>> <https://groups.google.com/d/msgid/society4servingseniors/CAPYPc177Zrk_%2B9eweH5Y%3DDpQ01ZR75CYkGBeQw6s5q9mnz1mdg%40mail.gmail.com?utm_medium=email&utm_source=footer> >>>> . >>>> >>> -- >>> You received this message because you are subscribed to the Google >>> Groups "societyforservingseniors" group. >>> To unsubscribe from this group and stop receiving emails from it, send >>> an email to [email protected]. >>> To view this discussion, visit >>> https://groups.google.com/d/msgid/society4servingseniors/CAL5XZooUSQp%3DAqa%3DEYc6VFkj06xUAEwngEH5h5Jr5SyEBu0W1Q%40mail.gmail.com >>> <https://groups.google.com/d/msgid/society4servingseniors/CAL5XZooUSQp%3DAqa%3DEYc6VFkj06xUAEwngEH5h5Jr5SyEBu0W1Q%40mail.gmail.com?utm_medium=email&utm_source=footer> >>> . >>> >> -- You received this message because you are subscribed to the Google Groups "Thatha_Patty" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To view this discussion visit https://groups.google.com/d/msgid/thatha_patty/CAL5XZopCaBMA9YSrvqA74EktCBDHHsn%2BSd8J5mwiCmWu%2BL7pag%40mail.gmail.com.
