Suo Moto Powers Of The Supreme Court Of India
- IJLLR Journal
- Mar 5
- 2 min read
Vinayak Manglik & Kritarth Singh, B.B.A. LL.B. (H), UPES
1. Introduction to Suo Moto Powers 1.1 Definition and Origin
Suo moto power is the term referred to in the reference of an obligation bestowed on courts to start judicial proceedings without having a formal application placed before it by an individual or party in court. This emanates from the inherent duty of the judiciary to ensure law, protect constitutional rights, and deliver justice where the other arms of government default. In essence, suo moto powers sprout from the very root of judicial review whereby courts intervene in matters precisely because such legislative and executive actions are unconstitutional or unjust. Suo moto powers vary from country to country across the globe but have an applicable setting wherein judicial systems take a more active part, mainly where a firm belief exists in the doctrine of judicial activism.
In the historical perspective, courts have acted as passive adjudicators only and has determined a matter only when it is brought before them. Likewise, in the gradual development of democratic values has the role of the judiciary changed as well? The courts then started initiating themselves to ensure delivery of justice in cases of violation of rights or non-action on part of the government. This change of judicial approach, particularly towards the new and post-colonial nations, nourished suo moto powers as an essential tool which could help in protecting human rights, social justice, and the rule of law.
1.2 Objective and Relevance
The basic motivation behind suo moto powers is to empower the courts to act swiftly and efficiently, even without an application having been filed on matters of public concern. Since suo moto powers do not exist, the above said cases may not be disposed of forthwith since petitions pertaining to them may still be pending before courts or administrative bodies or for financial, social, or even political reasons people might be disabled from resorting to courts. The following are the contexts in which the importance of suo moto powers can be understood: Protection of Fundamental Rights: Courts act suo moto for the protection of the constitutional rights of the citizens violated. It takes place most of the times when large sections of society are concerned, and the violation of the police brutality or unlawful detention or workers' rights take place.
