Mohd Shagil Ansari, Aligarh Muslim University, Malappuram Centre
Sofiya Naaz, Aligarh Muslim University, Malappuram Centre
INTRODUCTION
“The Supreme Court's only armor is the cloak of public trust; its sole ammunition, the collective hopes of our society”.
By virtue of the Regulating Act of 1773, the Supreme court was firstly established in Bengal.
To administer the litigant's personal law, the supreme court's jurisdiction was restricted to Calcutta by changes issued in 1781. The supreme court and the Sadar Adalats were combined into three high courts at Bombay, Calcutta, and Madras in 1865. A federal court was established in 1937 as a result of a provision made in the government of India act of 1935.
The Supreme Court of India took over the Federal court on January 28, 1950, when India gained independence. The Supreme Court's jurisdiction was broader than the Federal Court that had previously been formed. The Supreme Court serves as the Constitution's final adjudicator and defender. All Indian courts must abide by the legislation established by the Supreme court has a power of judicial review and judicial activism.
WHY THE NEED FOR THE GUARDIAN ARISE?
A man who has promised people employment and a better standard of living during times of extreme crises becomes the Messiah for the People. But after gaining absolute power, he killed and massacred more than six million People for his own hatred and prejudice.
The above story is of Hitler of the Nazi regime: "Power tends to corrupt, and absolute power corrupts absolute."2 There are an enormous number of examples where people like Hitler and Napoleon used, misused, and overused the trust of people for their own greed.
Aristotle keenly observed human psychology and concluded that if all power goes in a single hand, then there is an absolute possibility that the person will get corrupted. That is why he criticized the concept of 'Philosopher king' given by Plato, he instead empathized "the rule of the book". Aristotle believes that "Law must be the final sovereign" but we have seen in the history of the world that even in the rule by the constitution every government tried harder to hijack the independence of judiciary and they got successful too many times in molding the constitution according to their own fiat.
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