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3. Other Advocates
These are advocates whose names are entered on the roll of any State Bar Council maintained under the Advocates Act, 1961 and they can appear and argue any matter on behalf of a party in the Supreme Court but they are not entitled to file any document or matter before the Court.
Table 26.1 Comparing Indian and American Supreme Courts
Indian Supreme Court American Supreme Court
1. Its original jurisdiction is confined to federal cases.
1. Its original jurisdiction covers not only federal cases but also cases relating to naval
forces, maritime activities, ambassadors, etc. | |
2. Its appellate jurisdiction covers constitutional, civil and criminal cases. | 2. Its appellate jurisdiction is confined to constitutional cases only. |
3. It has a very wide discretion to grant special leave to appeal in any matter against the judgement of any court or tribunal (except military). | 3. It has no such plenary power. |
4. It has advisory jurisdiction. | 4. It has no advisory jurisdiction. |
5. Its scope of judicial review is limited. | 5. Its scope of judicial review is very wide. |
6. It defends rights of the citizen according to the 'procedure established by law’. | 6. It defends rights of the citizen according to the 'due process of law’. |
7. Its jurisdiction and powers can be enlarged by Parliament. | 7. Its jurisdiction and powers are limited to that conferred by the Constitution. |
8. It has power of judicial superintendence and control over state high courts due to integrated judicial system. | 8. It has no such power due to double (or separated) judicial system. |
Table 26.2 Articles Related to Supreme Court at a Glance
Article No. | Subject Matter |
124. Establishment and Constitution of Supreme Court | |
124A. | National Judicial Appointments Commission |
124B. | Functions of Commission |
124C. | Power of Parliament to make law |
125. Salaries, etc., of Judges | |
126. Appointment of acting Chief Justice
127. Appointment of ad hoc Judges
128. Attendance of retired Judges at sittings of the Supreme Court
129. Supreme Court to be a court of record
130. Seat of Supreme Court
131. Original jurisdiction of the Supreme Court 131A. Exclusive jurisdiction of the Supreme Court in
regard to questions as to constitutional validity of Central Laws (Repealed)
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
134A. Certificate for appeal to the Supreme Court
135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
136. Special leave to appeal by the Supreme Court
137. Review of judgments or orders by the Supreme Court
138. Enlargement of the jurisdiction of the Supreme Court
139. Conferment on the Supreme Court of powers to issue certain writs
139A. Transfer of certain cases
140. Ancillary powers of Supreme Court
141. Law declared by Supreme Court to be binding on all courts
142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. |
143. Power of President to consult Supreme Court |
144. Civil and judicial authorities to act in aid of the Supreme Court |
144A. Special provisions as to disposal of questions relating to constitutional validity of laws (Repealed) |
145. Rules of court, etc. |
146. Officers and servants and the expenses of the Supreme Court |
147. Interpretation |