INTRODUCTION
The Supreme Court is the third branch of the federal government. The judiciary consists of a system of Courts headed by the Supreme Court and including subordinate courts throughout the country. The judicial system in the USA is unique in several ways. It was the first federal system in the world.
COMPOSITION OF SUPREME COURT
Supreme Court of the United States of America is the highest judicial tribunal in the federation. The Constitution vests all the judicial powers of the league in the Court and other inferior courts to be established by Congress. A decision of the Supreme Court cannot be appealed to any other court.
QUORUM OF SUPREME COURT JUDGES
The Constitution has not fixed the number of judges of the Supreme Court. Formerly, there were six judges, but now there are nine, including the Chief Justice. The number can be increased or decreased as and when necessary by a law of Congress.
APPOINTMENT OF SUPREME COURT JUDGES
With the consent of the Senate, the President appoints the Supreme Court judges. The Senate confirms the nominations of the President after a good deal of scrutiny. The Judicial Committee of the Senate carefully examines the nominations made by the President.
QUALIFICATION OF SUPREME COURT JUDGES
The Constitution has not prescribed any qualifications for the persons appointed to the Supreme Court, which enables the President to make a wide choice. The judges of the Supreme Court must be, with a few exceptions, lawyers of distinction and men of excellent calibre.
TENURE OF SUPREME COURT JUDGES
The judges hold office during good behaviour and cannot be removed except by impeachment. Their salaries and payments cannot be altered during their service to their disadvantage. The Constitution fixes no age of retirement. A convention has been established that if a judge has reached the age of 70 and has served on the Court for ten years, he must retire. After retirement, the judges get full pay and are still considered federal judges.
SESSIONS
Supreme Court has its officials and makes its own rules of procedure. The Court meets in Washington every year from October to May. The quorum is six, and one must decide for or against the case. The cases are heard on Tuesday, Wednesday and Friday. On Saturday, the judges confer among themselves. The decision is arrived at by a majority vote. On Monday, the judgments are delivered.
JURISDICTION OF SUPREME COURT
Supreme Court is vested with two kinds of jurisdiction.
(a) Original Jurisdiction
(b) Appellate Jurisdiction
ROLE OF SUPREME COURT
The Supreme Court has played a conspicuous role in the American Constitution. It has acted as the saviour of the Constitution, guardian of the rights of the people and cement, which fixed up the federal structure. It has proved to be a balance wheel between the legislature and the executive. As the chief Appellate authority, it has rendered an excellent service to the nation.
1. Saviour of Federation:
In the United States of America, the powers of the Centre have been specified, and the residuary authorities have been left to the States. The possibility of conflicts between the Centre and the states is obvious. The Supreme Court has been vested with the original jurisdiction of deciding the disputes between the Centre and the conditions or amongst the states themselves.
2. Guardian of Rights:
Supreme Court and its branches have been empowered to issue writs like Habeas corpus, mandamus, injunction and certiorari for the protection of the rights of the people, which lie scattered in the amendments effected in the original draft of the Constitution.
3. Saviour of the US Constitution:
Supreme Court has been vested with the power of judicial review, which empowers it to declare null and void a law passed by the legislature or an executive organ in the United States if it is repugnant to the US Constitution.
4. Development of the Constitution:
Supreme Court’s contribution to the development of the Constitution cannot be minimized. The liberal interpretation of the Constitution by the Supreme Court has enabled the briefest Constitution suiting the requirements of the United States of America of the 18th century, comprised of 13 States inhabited by small populations, to keep pace with the changing circumstances of American Unlimited of the 21st century.
5. Chief Appellate Authority:
The Supreme Court is the chief appellate authority in the country. Cases about legal or Constitutional points can be appealed to the Supreme Court from the federal and State courts.
6. Moulder of Public Policy:
While interpreting and applying the spirit and language of the Constitution, justices have been making decisions on public policies as well. When a particular Act passed by Congress and consented to by the President is before the Supreme Court and is on its mercy. The judges can accept and reject a policy embodied in them.
CONCLUSION
The Supreme Court of the USA has played a vital role in the evolution and development of the American political system. The Supreme Court has played a double role.
First, it has acted as the guardian and custodian of the Constitution and fundamental rights. In the second place, it permitted the Constitution to develop and expand with the march of time.
FAQs
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