Suo moto power of Supreme Court
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- 21 Sep 2024 --
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Suo moto power of supreme court
The Latin phrase "Suo moto" means "on its own motion."
Suo Moto, a fundamental legal principle in legal proceedings, is an action taken by a court or other authority of its own volition and without the need for an outside petition or request. Upholding justice requires this proactive strategy, which enables legal institutions to handle problems that could otherwise be ignored. In addition to serving as evidence of judicial watchfulness, the idea of Suo Moto embodies the law's fundamental duty to society.
When a court learns of a right violation or duty breach through the media or by notice from a third party, it takes a Suo Moto Cognizance of the case.
- The Supreme Court (SC) is granted extensive constitutional and public law authority by Article 32. According to this interpretation, these authorities may take up matters of their own initiative without a formal petition being submitted. In the past, Suo moto powers have evolved in tandem with public interest litigation, when the interests of justice led to the relaxation of procedural rules.
The highest court of the nation is granted extensive authority by Article 142 of the Constitution to issue orders and decrees that are required to guarantee 'full justice' in any case that comes before it.
Articles 32 and 142 of the Indian Constitution serve as the foundation for the Supreme Court of India's Suo moto jurisdiction. The Supreme Court can hear cases based on these articles even in the absence of a written petition. - Suo Moto has the authority of the Indian Constitution's Article 131 as the supreme court.
The Supreme Court has original jurisdiction over any issue that arises between the states or between the center and the state, according to Article 131. According to the article, the Supreme Court has the authority to take up these issues directly rather than referring them to a lower court or considering their decision.
Suo motu cognizance examples: It is evident that the Supreme Court has mainly used Suo motu jurisdiction in cases involving (i) humanitarian concerns affecting significant segments of society; (ii) grave environmental concerns; (iii) serious incidents necessitating prompt and forceful action; and (iv) situations in which the court must defend the dignity and majesty of the court and the judiciary.
(vi) Order probe for new case: The court has the authority to order an inquiry at any stage by any branch of the government, police departments the CBI and or another organization if it believes that a person or collection of individuals is being mistreated. (v) Reopen old/closed Cases if any new and significant evidence is found after the case is closed.
- Important Indian cases of Suo Moto cognizance:
About the 2013 Mid-Day Meal Scheme Deaths of Children: The Supreme Court took suo moto cognizance of the case in reaction to media reports highlighting the terrible deaths of schoolchildren as a result of tainted midday meals. In addition to requesting a report from the relevant state government, the court also released instructions aimed at guaranteeing the safety of food served in schools. This case serves as an example of the judiciary's proactive approach to upholding fundamental rights, particularly those that are associated with the right to life. - Regarding: Unsettling Increase in COVID-19 Cases (2020): The matter was brought to the attention of the Supreme Court suo moto during the extraordinary upsurge of COVID-19 cases. The court actively participated in making sure the pandemic was properly managed even though it acknowledged the difficulties the government was facing. It instructed the federal and state governments to offer the essential amenities, such as hospital beds and oxygen supplies. The right to health is a fundamental component of the right to life, and this case emphasizes the judiciary's involvement in significant public affairs.
The fundamental concept of suo moto cognizance in judicial activism
The Indian legal system has employed suo moto insight as a potent tool to tackle social, economic, and political challenges. The judiciary in India has led the way in legal activism. The courts have regularly filled in regulatory gaps through suo moto actions and held the executive and administrative departments accountable.
Remarks
The judiciary is given a significant role by our constitution; however judicial review is primarily "supervisory" rather than "corrective."
The prohibition on Deepavali firecrackers due to increased pollution and environmental protection, the ban on using private vehicles after ten or fifteen years, and the prohibition on the sale of alcohol at retail establishments within 500 meters of any State or National Highway are just a few stark examples of the judiciary's overreach. Judicial overreach calls into doubt the fundamental tenet of our Constitution—the separation of powers.
The main complaints center on the overzealous activism of judges and their interference with executive measures taken in the public interest. The other issue is that news articles that frequently serve as the foundation for court-initiated suo motu actions must have their authors and contents verified.
In spite of opposition, the Supreme Court's "suo motu" action has become more popular over time. One can see that the Supreme Court has used its authority to intervene on a suo motu basis wisely and sensibly from the preceding indicative list.
The allegations of rape and murder of a trainee doctor at RG Kar Medical College Hospital, Kolkata, and associated matters | SMC(Crl) 2/2024 have been taken up by the Supreme Court on its own initiative. Manoj Misra, Justice JB Pardiwala, and CJI DY Chandrachud will be on the bench to hear the case.
Conclusion:
An essential component of the Indian judiciary's authority is Suo moto cognizance, which gives the courts the ability to handle urgent cases and defend the public's rights and interests. The idea of judicial activism—which aims to increase access to the legal system for underprivileged, socially and economically marginalized groups in society—is the origin of the Suo Moto. Suo Moto cases are situations in which the Indian High Courts and Supreme Court, exercising its innate jurisdiction, open a case by taking it upon themselves without an appeal or writ petition being filed. The goal of these acts is to provide justice to those who may not otherwise be able to obtain it.
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