Que- Discuss the Organization, Power and functions of the Supreme Court of America.
Ans)
Introduction –
The Supreme Court of the United States of America is the most powerful court in the world. It has got so many rights and powers in relation to the constitution and laws that it is continuously called as the Constituent Assembly or the third house, because it has the right to interpret the constitution, which is called judicial review power and the real constitution of the United States of America. what are This explains it as well. This has made the rule of the United States of America a reality to this day.
Composition/Organization of the US Supreme Court
The US Constitution leaves all this work to Congress by saying nothing about the organization of the Supreme Court and its number. The number of its members has been changing from time to time. When the Supreme Court was formed in 1789, it had a Chief Justice and 5 other judges. Later, changes were made in their number from time to time by the Congress. Like in 1807 this number was 7 and in 1837 their number became 9, in 1863 it was 10 and again this number was reduced to 07. After this, in the year 1869, the Congress fixed the number of judges of the Supreme Court at 9.
Appointment of judges –
In the United States, judges are appointed by the President with the approval of the Senate. Generally, the Senate confirms the appointments made by the President, but there have been many occasions when the Senate has not confirmed the appointment of judges by the President.
Qualifications –
There is no description in the constitution regarding the qualifications of the judges of the Supreme Court. But for the most part the judges of the Supreme Court have been very able men. Most of the judges have been experienced lawyers and law professors.
Tenure –
The tenure of the judges is till life, but before that they can leave their post by giving resignation letter. Judges can retire with pay on attaining the age of 70 years, but the condition is that their tenure has been 10 years. A judge can be removed only through the process of impeachment.
Salary–
The salaries of Supreme Court justices are set by Congress. The salaries of the judges of the Supreme Court can be increased during their tenure but cannot be cut.
Removal Of Judges –
US Supreme Court justices can only be removed through the process of impeachment. This proposal is proposed in the House of Representatives. When the House of Representatives passes a resolution with a 2/3 majority, it is scrutinized by the Senate. If the Senate also confirms the motion by a 2/3 majority, then it is considered that the impeachment motion has been passed and the concerned judge has to resign. So far, impeachment motions have been placed against a total of 9 judges, out of which it could be passed against only 4 judges. An impeachment motion was presented against Supreme Court Judge Samuel Change but it could not be passed.
Work Method –
The US Supreme Court session begins on the first Monday of October each year and ends in early June. If necessary, the Chief Justice can also call a special session. The Chief Justice presides over the meetings and announces the decisions and orders of the court. A quorum of six judges is necessary for hearing and deciding the case. Cases are decided by majority vote.
Jurisdiction/Powers or Functions of the US Supreme Court
The powers of the US Supreme Court Le jurisdiction are derived from the constitution itself. Because of these, he has become important to both the executive and the legislature. The US Supreme Court has been endowed with many powers. The powers and functions of the US Supreme Court can be placed under the following heads-
1. Original Jurisdiction
The Supreme Court will have initial powers in the following two types of cases by the Constitution of America-
(a) matters relating to ambassadors, consuls or foreign representatives of any kind and public ministers.
(b) cases to which the United States of America or any one or more States are parties.
2. Appellate Jurisdiction-
Like the Supreme Courts of other countries, the US Supreme Court has the right of appeal. This authority is regulated by the US Congress. By the Jurisdiction Act of 1935, the appellate jurisdiction of the Supreme Court is limited to constitutional matters in which-
(A) On a decision by the High Court of any State against any treaty or law of the United States or on the declaration of any such law which is contrary to the constitution or treaty of the United States.
(b) in which a Federal Court has declared any State law to be contrary to the Federal Constitution, treaty or statute. Apart from this, appeals can be made in the Supreme Court against the decision of the district court in some special cases.
It is thus clear that the appellate jurisdiction of the Supreme Court extends only to constitutional matters. Appeals in normal cases can be heard on the basis of permission of the Supreme Court of the State.
3. Right to Judicial Review
The US Supreme Court has the power of judicial review. Under this right, he examines the constitutionality of the laws made by the legislature and the orders issued by the executive. This means that if any law passed by the legislature and made under the constitution violates the constitution or any act of the executive is contrary to the constitution, then the Supreme Court can declare it illegal. The US Supreme Court has made extensive use of this right and has declared many laws illegal.
✓ President and cabinet are not answerable to legislature.
✓ President is not bound down by advice of cabinet.
✓ Though he is indirectly elected by electoral college, in actual practice his election has become direct.
✓ As such he enjoys greatest measure of popular support that enables him to work freely.
“THE AMERICAN PRESIDENT RULES BUT DOES NOT REIGN”
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