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The Indian Constitution:
The Constitution of India was created by taking a cue from various constitutions across the world. The Colonial Powers designed the entire structure of the Indian judiciary; before their advent, there was no structure for the judiciary.
Post the Independence from the Colonial Powers; the Political leaders created a governance setup taking ideas from various other Constitutions in which they gave utmost importance to Judiciary.
Indian Constitution consists of three primary organs which allow the leaders to govern the country. They are “Legislature, Executive and Judiciary”.
The constitutional power to the Court:
During the time of drafting the Constitution, members of the committee had given enough importance to the judiciary. The makers of the Constitution assured that the Judicial Organ would remain independent from the other two organs.
Indian Constitution follows an Integrated and Independent Judiciary. The Judicial Organ originally succeeded the Federal Court of India, established by the Government of India Act \(1935\).
Privy council: The Supreme Court of India replaced the Privy Council of the British as the highest court of appeal in India.
The Supreme Court of India is considered to be the highest court of the land as all the other courts function under its authority.
Provisions enabling the Power of Courts:
1. The Constitution also enacted certain provisions which gave powers for the functioning of the courts in India.
2. Articles from \(124\) to \(147\) from Part V of the Constitution deals with the Jurisdiction, Powers, Independence and Procedures of the Supreme Court of India.
3. Other Provisions dealing with the Supreme Court of India are:
- Part IV – Deals with the Union Judiciary.
- Part VI – The State.
- Part VI – Deals with the Subordinate Courts.
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