About Supreme Court India

The Supreme Court of India is the highest judicial forum and the final court of appeal in the country. It is tasked with interpreting the Constitution of India and ensuring that justice is delivered fairly in cases of national importance. The Court plays a key role in maintaining the rule of law and protecting fundamental rights, making it a central pillar of India’s democratic framework.

Here are some important details about the Supreme Court of India:

1. Constitutional Foundation

• The Supreme Court of India was established under Article 124 of the Constitution of India. It began functioning on 15th August 1950, following the enactment of the Constitution, which replaced the Federal Court of India.
• The Court is the ultimate interpreter of the Constitution and is responsible for resolving disputes between the Union and States, as well as between different states.

2. Jurisdiction and Powers

The Supreme Court has original, appellate, and advisory jurisdiction:

• Original Jurisdiction: The Supreme Court has original jurisdiction in cases involving disputes between two or more states or between the Union and any state. It also has jurisdiction in cases involving the enforcement of fundamental rights.
• Appellate Jurisdiction: It hears appeals against decisions from lower courts, including the High Courts. These cases can be related to civil, criminal, and constitutional matters.
• Advisory Jurisdiction: The President of India can seek the opinion of the Supreme Court on any legal question of national importance.

3. Composition

• The Supreme Court is headed by the Chief Justice of India (CJI), who is appointed by the President of India. The Chief Justice is the senior-most judge of the Court.
• The total number of judges in the Supreme Court, including the Chief Justice, is fixed by the President of India. The number of judges can vary but typically hovers around 34 (though it can be higher or lower based on Presidential orders). These judges are appointed by the President after consultation with the Chief Justice and other senior judges.
• The appointments are made based on the principle of collegiality, meaning the Chief Justice and senior judges have significant input into the selection process.

4. Appointment of Judges

• Judges of the Supreme Court are appointed by the President of India after a recommendation from a collegium consisting of the Chief Justice and the four senior-most judges of the Court.
• The judges serve until the age of 65 years, after which they retire.

5. Role and Functions

• The Supreme Court is the final arbiter of disputes related to the Constitution. It has the power of judicial review, meaning it can examine the constitutionality of laws and executive actions.
• The Court safeguards fundamental rights and ensures that no law or executive action violates the Constitution.
• It also plays a significant role in shaping public policy and law through public interest litigation (PIL), a mechanism that allows individuals or groups to approach the Court to seek justice on behalf of the public or marginalized communities.

6. Landmark Cases

The Supreme Court of India has delivered several landmark judgments that have shaped the country’s legal and constitutional landscape, including:

• Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, which holds that the basic structure of the Constitution cannot be altered by the Parliament.
• Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21, protecting the right to personal liberty.
• Minerva Mills Ltd. v. Union of India (1980): Affirmed the basic structure doctrine and held that the Constitution cannot be altered to destroy its fundamental principles.
• Shah Bano case (1985): The Court ruled that maintenance rights of Muslim women should be governed by civil law, sparking a debate on the intersection of personal laws and fundamental rights.
• Navtej Singh Johar v. Union of India (2018): Decriminalized same-sex relations between consenting adults by reading down Section 377 of the Indian Penal Code.

7. Independence and Accountability

• The independence of the judiciary is a cornerstone of the Supreme Court’s functioning. Judges are protected from arbitrary dismissal, and their salaries and allowances are fixed by law.
• While the Court has significant powers, it is also held accountable through processes like impeachment (which can be initiated by Parliament) for proven misbehavior or incapacity.

8. Public Interest Litigation (PIL)

• The Supreme Court of India has been a leader in the public interest litigation (PIL) movement, allowing citizens and organizations to approach the Court for the enforcement of constitutional rights, especially for those who are marginalized or unable to access justice otherwise.
• PIL has been a powerful tool for social justice, resulting in several decisions on environmental protection, human rights, and welfare of underprivileged sections of society.

9. Recent Reforms and Developments

• The Court has been making efforts to improve access to justice, with increasing use of technology. For instance, virtual hearings were introduced to make justice more accessible, especially during the COVID-19 pandemic.
• The National Judicial Appointments Commission (NJAC), which aimed to reform the process of judicial appointments, was struck down by the Supreme Court in 2015, reaffirming the collegium system.

10. Important Articles and Provisions

• Article 124: Establishes the Supreme Court.
• Article 141: The law declared by the Supreme Court is binding on all courts within the territory of India.
• Article 142: The Supreme Court has the power to pass any order necessary for doing complete justice in any cause or matter pending before it.
• Article 144: All authorities, civil and judicial, are required to act in aid of the Supreme Court.

11. Notable Chief Justices

• Harilal Jekisundas Kania (1950-1951): The first Chief Justice of India.
• Patanjali Sastri (1952-1954)
• M. H. Beg (1973-1977): Led the court during a significant period of Indian history.
• P. N. Bhagwati (1985-1986): Known for pioneering Public Interest Litigation (PIL) and broadening the scope of justice.
• R. C. Lahoti (2004-2005): Played an important role in the independence of the judiciary.
• Dipak Misra (2017-2018): Headed the Court during a turbulent time, including the case involving the interpretation of Article 377 and the Right to Privacy judgment.
• N.V. Ramana (2021-2022): Led the Court during the COVID-19 pandemic, addressing issues like migrant workers and vaccination.

Conclusion

The Supreme Court of India has been central in shaping the legal, social, and political landscape of the country. Its independence, powerful judicial review, and commitment to justice have earned it the respect of the nation. Through its various rulings, it ensures that the Constitution of India remains a living document that serves the needs of its citizens and upholds the democratic principles of the country.