Question

Do you agree with the view that the Supreme Court of India is the most powerful apex court in the world? Explain the reasons for your answer.

Answer 1

Yes, I agree with the view that the Supreme Court of India is one of the most powerful apex courts in the world. The reasons are as follows:

• Unlike Britain, where Parliament is sovereign and the judiciary has a secondary role, the Indian judiciary has an independent and powerful position.
• Compared to the USA, the Indian Supreme Court has wider powers. It is not only a federal court but also the highest court of appeal in civil and criminal cases.
• The Indian Supreme Court can entertain special leave petitions from any tribunal, which the American Supreme Court cannot.
• It has the power to give advisory opinions to the President, a power not found in the US Constitution.
• It has established its authority through doctrines like the Basic Structure Doctrine (Keshvananda Bharti Case, 1973).
• It introduced Public Interest Litigation (PIL) to ensure justice for the underprivileged and for issues of public concern.
• It upheld fundamental rights even of prisoners by declaring undue delay in mercy petitions as a violation of Article 21.

Thus, through its wider jurisdiction and innovative interpretations, the Supreme Court of India stands as a powerful guardian of the Constitution.