Supreme Court & Rajiv Gandhi assassination case

The Supreme Court on Friday set free the six remaining convicts in the Rajiv Gandhi assassination case.

A bench of Justices B R Gavai and B V Nagarathna ordered that “the appellants are directed to be set at liberty if not required in any other matter”.
On May 18, the apex court ordered the release of the convicts, exercising its powers under Article 142 of the Constitution.
On Friday, the bench said the same order would apply to the six other accused.

The assassination of Rajiv Gandhi, former Prime Minister of India, occurred as a result of a suicide bombing in Sriperumbudur in Tamil Nadu, India, on 21 May 1991

Article 142 provides discretionary power to the Supreme Court as it states that the Supreme Court, in the exercise of its jurisdiction, may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.

About
The Supreme Court of India is the highest judicial and final court of appeal under the Constitution of India, the highest constitutional court with the power of judicial review.
History

The promulgation of the Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record with full power and authority.
It was established to hear and determine all complaints for any crimes and to entertain, hear and determine any suits or actions in Bengal, Bihar and Orissa.
King George- III established the Supreme Courts at Madras and Bombay in 1800 and 1823, respectively.
The Federal Court of India was created per the Government of India Act 1935.
Composition
Including the Chief Justice Of India (CJI), there are 34 judges in the Supreme Court.
Appointment of judges

The President appoints the judges of the Supreme Court (SC).
The president appoints the chief justice after consultation with such judges of the SC and high court as he deems necessary.
The President appoints the other judges of the SC after consultation with the chief justice and such other judges of the SC.
Consultation with the chief justice is obligatory in the case of the appointment of a judge other than the Chief Justice.
Qualification of judges

The person should be a citizen of India.
He/She should have been a judge of a high court for five years, or He/She should have been an advocate of a high court for ten years.
He/She should be a distinguished jurist in the opinion of the President.
Tenure of judges

The Judges holds office until he attains the age of 65 years.
Any questions about his age will be determined by such authority as decided by Parliament.
The judge can resign his office by writing to the President.
The seat of the Supreme Court
The Constitution declares Delhi as the seat of the Supreme Court. However, it also authorises the CJI to appoint other places or places as seats of the Supreme Court.
Functions

It takes up appeals against the verdicts of the High Courts, other courts and tribunals.
It settles disputes between various government authorities, between state governments, and between the centre and any state government.
In its advisory role, it also hears matters which the President refers to it.
The SC can also take up cases suo moto (on its own).
The law SC declares is binding on all the courts in India, the Union, and the state governments.

Disputes between the Government of India on the one side and one or more States on the other side.
Disputes between the Government of India and one or more States on one side and one or more States on the other side.
Disputes between two or more States.
Writ Jurisdiction

SC is empowered to issue directions, orders or writs, including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari, to enforce them.
The aggrieved citizen can approach the SC directly and not as a way of appeal.
However, this jurisdiction is not exclusive to the SC since the constitution empowers the HC also to issue writ.
Also, the writ jurisdiction of the SC is narrower than HC since HC can issue writs even for the enforcement of legal rights, while SC can only issue them when an individual’s fundamental right has been violated.
Appellate jurisdiction

Disputes relating to property, marriage, money, contract and service etc, are called civil cases.
Suppose a civil case involves an important point of law of public importance needing interpretation of the Constitution or law.
In that case, an appeal against the High Court decision can be made to the Supreme Court.
Advisory jurisdiction

The Constitution under Article 143 authorises the President to seek the opinion of the Supreme Court in the two categories of matters:
On any question of law or fact of public importance which has arisen or is likely to occur.

On any dispute arising from any pre-constitution treaty, agreement, covenant, engagement, Sanad or other similar instruments.

Content Source: Indian Express