The Dichotomy Of Suo Motu Powers In Indian Judiciary: A Comparative Analysis Of Higher And Lower Courts
- IJLLR Journal
- 7 days ago
- 2 min read
Rani Dewangan, Ph.D. Scholar (Law), Kalinga University, Kotni, Atal Nagar-Nava Raipur, Chhattisgarh, India
ABSTRACT
The Indian judiciary, as one of the three pillars of democratic governance, serves as the guardian of constitutional values and fundamental rights. Among its various powers, the suo motu jurisdiction—the authority to take cognizance of matters without formal complaint or application—stands as a critical instrument for dispensing justice and protecting public interest. This research paper presents a comprehensive comparative analysis of suo motu powers exercised by the higher judiciary (Supreme Court and High Courts) and the lower judiciary (Magistrate and Sessions Courts) in India. While the higher judiciary derives its suo motu powers from constitutional provisions under Articles 32, 226, 129, and 215, enabling broad and flexible intervention in matters of public importance, the lower judiciary operates within the confined parameters of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, particularly Sections 210, 175(3), 152, and 163. Through doctrinal analysis of constitutional provisions, statutory frameworks, and landmark judicial pronouncements, this study examines the scope, application, limitations, and implications of suo motu powers across different tiers of the Indian judicial system. The research reveals a significant disparity in the exercise of these powers, with the higher judiciary actively engaging in judicial activism through Public Interest Litigation (PIL) while the lower judiciary remains procedurally constrained. This paper argues that such limitation in the lower judiciary's suo motu powers raises fundamental questions about judicial equality and uniform access to justice. The study concludes that a balanced expansion of suo motu powers to the lower judiciary, accompanied by clear guidelines and adequate training, could enhance judicial efficiency and strengthen the constitutional commitment to justice for all.
Keywords: Suo Motu Powers, Higher Judiciary, Lower Judiciary, Judicial Activism, Public Interest Litigation, BNSS 2023, Constitutional Rights, Access to Justice.
