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

Indian Judiciary is one of the three pillars of democracy other than Legislature and Executive. Though the Indian Constitution has envisaged the separation of powers between these pillars they are not sovereign in an absolute sense. But if compared to the judicial systems of other democracies, Indian judiciary can be termed as powerful among its tribe globally and the reasons for this are as follows:

When compared to the British Constitution, from where the tenets of democracy spread to other countries, the Indian judiciary seems to be more powerful. In the case of Britain, parliament is sovereign and the judiciary has a secondary role to play as compared to parliament.

When compared to its American counterpart, Our Supreme Court possesses larger powers, which can be described as follows:
The Appellate jurisdiction of the American supreme court is confined only to the issues arising out of federal relationships, but Indian SC is not only the federal court but also the highest court of appeal. Appeals related to civil and criminal cases can be heard originating from any lower court.

Our SC can entertain special leave petition arising from any tribunals but there is no such appeal granted by American SC.

Our SC has been mandated with giving an advisory opinion to the President and government, there is no such provision in the American constitution.

Besides getting more powers over its peers in the world, Indian Judiciary has time to time stated its authority as a guardian of a constitution which can be made clear as follows:

It has given the “Doctrine of Basic structure” in the famous Keshvananda Bharti case (1973), upholding the supremacy of the constitution.

It innovated “Public Interest Litigation” to serve those who are unable to reach the judiciary for various reasons or where public interest has suffered a lot.

It has upheld even the fundamental rights of the prisoners by invoking that inordinate delay in deciding on mercy petitions is a violation of Article 21 of the constitution.

Though these are the positive measures by the Indian judiciary there are instances when it is blamed for judicial over-reach. So our judiciary system shall maintain the delicate balance of power between three pillars besides upholding the spirit of the constitution.