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Research Paper | Law | India | Volume 12 Issue 12, December 2023 | Rating: 4.6 / 10
Judicial Process: The Supreme Court's Perspective on Its Own Jurisdiction
Nikita Begum Talukdar
Abstract: Article 124 of the Constitution established the Supreme Court of India and outlined its powers and jurisdiction, as well as giving Parliament the authority to grant it further authority. Articles 32 and 131 of the Constitution grant the Supreme Court original jurisdiction; Articles 132, 133, and 134 confer appellate jurisdiction; Article 136 grants the Supreme Court discretionary jurisdiction to grant special leave to appeal; and Article 142 grants the Supreme Court a wide range of discretionary powers to pass decrees or make orders that are necessary to ensure complete justice in any case or matter that is before it. These powers shall be enforceable throughout the territory of India in the manner prescribed. powers like the power to withdraw any case pending in any High Court or and to review judgment pronounced or order made by it (Article 137). It is permissible for the Supreme Court to revisit its earlier rulings in appropriate cases. Nothing in our constitution prohibits the Supreme Court from deviating from a prior ruling if it is believed to be incorrect and to have a detrimental impact on the public's overall interests. [Bengal Immunity co.ltd. v. State of Bihar, (1955) 2SCR 603]. In this paper we will be discussing whether the Supreme court can question its own jurisdiction? Whether the decisions of the Supreme court shall be binding on the Sub - ordinate courts? Does the supreme court has the power to review or reverse its own decision? What is the basis under which it can question its own jurisdiction.
Keywords: Curative petition, Judicial Precent, Judicial Process
Edition: Volume 12 Issue 12, December 2023,
Pages: 1615 - 1619