Introduction:



“No feature of the US constitution has awakened so much curiosity in the European mind, caused so much discussion, received so much admiration and been more frequently misunderstood than the duties assigned to the Supreme Court and the functions which it discharges in guarding the constitution”.
Lord Bryce (American commonwealth)


In a federation the existence of a powerful and independent tribunal is necessary. The constitution of centre and the federating units. The existence of an independent tribunal is necessary to settle the constitutional disputes which may arise between the centre and the units and between the units themselves. In Unites States this task is performed by the Supreme Court which is highest judicial body in the country.



Composition:

The Supreme Court consists of a chief Justice and eight associate judges (1+8). Their number is not fixed in the constitution. It may vary from time to time.



Appointments:

The judges are appointed by the president with the approval of the senate. The judges cannot be removed by the president.




Tenure:

The judges hold office for life. Retiring age is 70. If a judge commits a serious crime while in office, he may be impeached and removed from office like the president. Impeachment is initiated in the senate.
Congress fixes the number of judges and decides how much salary they would get. The court can give its decision if majority of the judges (5) agree on it. At least 6 judges should be there to hear the case.



Jurisdiction:

The Supreme Court has both original and appellate jurisdiction.
a) The cases decided under the original jurisdiction include the following: (1) all the cases including the federal minister’s ambassadors and counsels may be taken directly to the Supreme Court.

(2) All the cases in which the states are parties i.e State VS. Federation or State vs. State.

b) The cases decided under the appellate jurisdiction are selective. It hears appeals against the decisions of inferior federal courts and the highest state courts.

c) The Supreme Court can declare any of the federal laws and executive decrees as unconstitutional if found against the provisions of the constitution. The Supreme court exercises this authority only when the matter is brought to its notice in the form of litigation.

d) The Supreme court does not give any advisory opinion on any matter of public importance or any question f law. It explains and interprets law during the regular sessions only.




The Power of Judicial Review:
According to C.J.Marshall:

“It is emphatically the province and duty of the judiciary to say what the law is.”

The most striking feature of the US Supreme court is its power of judicial review .As the guardian of the constitution, the Supreme Court has the review of the laws of the congress and other executive decrees so that they do not violate the constitution and other valid laws passed by the congress. The power of the judiciary to determine the validity of the laws on executive orders may be termed as the power of judicial review.

It refers to inquire whether a law, executive decree or other official action is agianst the constitution and if it decides that they do violate the constitution it declare them ultra vires or null and void.

The supereme court does not pronounce upon the constitutionality or otherwise of the legislature measures on its own intiative. It exercises thus power only when the matter is referred to it by an aggrieved party.




Basis of the judicial review:

The US constitution makes no specific mention of the power of judicial review. It was acquired by the court early in the 19th century.


According to C.J Hughes:
“The constitution is what the judges say it is.”


The constitutional basis of the judicial review may be found in Article 6 which reads in part:

“This constitution and the laws of the United States which shall be made in Pursuance thereof, and all the treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land the judges in every state shall be bound thereby, anything in the constitution or the laws of any state to the contrary notwithstanding.”



It was first acquired by C.J John Marshall in the celebrated Marbuary vs. Edison case in 1803.Merbuary was appointed as the justice of peace by president Adams in the district of Columbia on the last day of his office, but commission could not be delivered to him. The next president Jefferson and his secretary of state Madison refused to deliver the commission to Marbuary . He, consequently, petitioned to the Supreme Court to issue him the writ of Mandamus, under the Judiciary Act of 1789. The court presided by john Marshall held that Marbuary was entitled to commission. But it had no authority to issue the writ of Mandemms,compelling delivery ,because the provisions of the judiciary Act violated the constitutional provisions of the Article 3 as such that it enhanced the original jurisdiction of the supreme court. To this extent, this act of congress ws unconstitutional and therefore null and void.

C.J Marshall while announcing the decision in the Merbury Vs. Medison case held that the power of judicial review was inherent in the duties of the judges to defend the constitution.




Evaluation of Judicial Review:

From the days of C.J Marshall down to present to question whether the framers wanted the court to have powers to decide on the constitutionality of the legislative measures has been warmly denoted.

Prof. Carwin and prof. Beard opine that the judicial review we correct and justified. Prof Beard went through the records of Philadelphia convention and come to the conclusion that 25 out of 55 men of convention were in favor of , or accepted some form of judicial control .

Prof. Carwin held that the judicial review developed out of the strong popular desire to check the abuses of legislative powers.


C.J Marshall held that the judges, under the constitution, could declare any of the federal laws as void if found against the constitution.

The Supreme Court has been criticized to have seized or usurped the power. Abraham Lincoln campaigned for the senator and later as the president on this contention that the supreme court‘s actions were unwise and politically motivated. There have been suggestions that the powers of the Supreme Court be curtained, by amending the constitution.

President Theodore Roosevelt for instance held out that the constitution ought to be amended tp enable the congress to re-enact by 2/3rd majority any law that may have been declared as unconstitutional by the Supreme Court.

It is argued that the power of judicial review is against the democratic norms. The proposition that nine men who were never elected to this office and who hold their office and who hold their office till they die or retire and who can be removed only through impeachment can declare those laws as void which have been enacted by the two chambers of the congress, directly elected by the people is surely against the democratic norms.

It is argued that the judges deliberately frustrate the popular will on the basis of their personal and partisan views. The court is criticized of being conservative.5 out of 9 men could play havoc. Whatever is constitutional according to their wisdom would have to be struck down. But despite these entire and many more attacks, the Supreme Court has continued to perform its duties as the guardian of the constitution. The people still feel that the powers of the court should not be curtained because it is the highest guarantee of the fundamental rights. The Supreme Court is described as the third chamber because it can frustrate the decisions of the two chambers of the congress. Whatever it is said judicial supremacy is now a fact, whether one likes it or not. The absence of judicial review would be a complete negation of the principle of checks and balances.



Importance of the supereme court:

• Guardian of the constitution: In a federation the existence of an independent tribunal is necessary to decide the constitutional disputes which may arise between the centre and the units or between the units themselves. In United States the Supreme Court performs this duty and acts as the guardian of the constitution. The Supreme Court is referred to as the third chamber of the congress, because it can upset the decisions of the other two chambers.

• Growth of the constitution: It is also the interpreter of the growth of the fundamental law. It has read new things which were not clear to the naked eye. Munro has also said:”The Supreme Court has guided the American constitutional progress.”

• Supreme Court as policy maker: The Supreme Court has made decisions regarding every aspect of the life of citizens. It has penetrated deep into the economic affairs of the nation and has regulated the social relationships between the individual citizens.

• Accommodation and Adjustment: The rigidity of the US constitution has made amendment in it a very difficult process. As a result only 27 amendments have been made so far. There is a tremendous variation in the socio-economic and political conditions of the modern scientific age than the one which existed at the time of framing the constitution. The credit goes to the Supreme Court for liberal interpretation of the constitution according to the changed circumstances.

• Civil Liberties: America today is a highly industrialized country. The life of the people is very complex. The Supreme Court has provided flexibilities to the constitution. The role of the Supreme Court has changed with the time. Before 1937 it emphasized upon the protection of property rights. But recently the emphasis has been upon the personal rights. The Supreme Court has played a significant role in the protection of the fundamental rights of the people. It has made several decisions which have improved the plight of the Negroes in the country.



Conclusion:

It can be concluded from above discussion that Supreme Court occupies a very important place in the federal structure of USA.
According to F.J Haskin:
“This great tribunal is a balanced wheel in the governmental machine.”
According to Finer”
“Supreme Court is cement which has fixed from the whole federal structure.”

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