Supreme Court of India

Introduction

The Supreme Court of India is the utmost judicial body and final court of appeal as prescribed by the Constitution of India. Founded on January 28, 1950, it acts as the highest judiciary in the nation, interpreting the Constitution, defending fundamental rights, and upholding the rule of law. This article delves into the principal roles, framework, historical development, landmark rulings, and current challenges encountered by this judicial entity.

Historical Evolution of the Supreme Court of India

1. Pre-Independence Context

   • The Supreme Court was preceded by the Federal Court of India (1937-1950).
   • British colonial judicial systems shaped the formation of the court administration.

2. Constitutional Provisions

   • The Supreme Court derives its authority from Article 124 of the Constitution of India.
   • It was constituted to operate as a protector of the Constitution and the fundamental rights of individuals.

3. Formation and Structure

   • The Supreme Court operates from its headquarters located in New Delhi.
   • Originally composed of a Chief Justice and 7 other judges; this number is currently limited to 34 by the Supreme Court (Number of Judges) Act, 1956.

Structure of the Supreme Court

1. Composition

   • Chief Justice of India (CJI): The leader of the judicial system.
   • Constitutional Benches: Address constitutional issues.
   • Regular Benches: Manage cases and appeals that are not constitutional in nature.
   • Special Benches: Assigned for cases necessitating specialized knowledge.

2. Appointment

   • Judges are appointed by the President of India, following the recommendations of the CJI and other senior judges, according to the Collegium System.

3. Tenure and Retirement

   • The retirement ages for the Chief Justice and Supreme Court judges are 65 and 62, respectively.

Key Functions of the Supreme Court

1. Judicial Review

   • The authority to annul laws and executive measures that contravene the Constitution.

2. Protection of Fundamental Rights

   • Upholds and safeguards fundamental rights enshrined in Part III of the Constitution.
   • Significant in cases like Kesavananda Bharati v. State of Kerala (1973), where the ‘basic structure doctrine’ was articulated.

3. Advisory Jurisdiction

   • The court can provide counsel to the President regarding matters of law and public significance under Article 143.

4. Appellate Jurisdiction

   • Examines appeals against rulings made by High Courts and Tribunals.

5. Public Interest Litigation (PIL)

   • Allows individuals to pursue justice for societal issues, significantly enhancing access to justice for marginalized groups.

Landmark Judgments

1. Kesavananda Bharati v. State of Kerala (1973)

   • Established the ‘basic structure doctrine’, asserting certain essential aspects of the Constitution cannot be modified through amendments.

2. Maneka Gandhi v. Union of India (1978)

   • Broadened the interpretation of Article 21, asserting that the right to life encompasses the right to live with dignity.

3. Vishaka v. State of Rajasthan (1997)

   • Set forth guidelines to prevent sexual harassment of women in workplaces, marking a vital achievement for women’s rights in India.

4. Navtej Singh Johar v. Union of India (2018)

   • Decriminalized consensual homosexual relationships between adults, affirming the rights of the LGBTQ+ community.

5. Shayara Bano v. Union of India (2017)

   • Declared the practice of Triple Talaq unconstitutional, focusing on gender justice and the rights of Muslim women.

Contemporary Issues

1. Judicial Appointments

   • Debate regarding the Collegium System and demands for greater transparency in the judicial appointments process.

2. Overloaded Dockets

   • The Supreme Court is experiencing a severe backlog of cases, raising concerns over delays in justice provision.

3. Public Perception and Trust

   • Issues relating to the Supreme Court’s credibility and integrity emerge due to claims of judicial overreach and politicization.

4. Access to Justice

   • Despite the existence of PILs, significant obstacles continue to affect the underprivileged sections of society in obtaining legal remedies.

5. Emerging Technologies

   • The court is dealing with legal implications of AI, cybersecurity, and digital rights in the face of rapidly evolving technological advancements.

The Role of the Supreme Court in Safeguarding Democracy

1. Guardianship of the Constitution

   • As the defender of the Constitution, the Supreme Court ensures that laws and executive actions conform to constitutional requirements.

2. Ensuring Accountability

   • Serves as a check on legislative and executive powers, thereby upholding the principles of democratic governance.

3. Empowerment of Citizens

   • Through PILs and various mechanisms, the Supreme Court has empowered individuals to seek legal recourse and champion their rights.

4. Promoting Social Justice

   • By addressing matters of inequality and injustice, the court has played a pivotal role in advancing social equity.

Conclusion

The Supreme Court of India serves not merely as a legal body but as a fundamental pillar of democracy and justice in the nation. It functions within a multifaceted constitutional framework that carries substantial authority and duty in preserving the rule of law and protecting the rights of the populace. The challenges it encounters in the modern era necessitate continuous reforms and a dedication to justice for all.

FAQs

1. What is the Supreme Court of India?

The Supreme Court of India is the highest judicial authority in the nation, established under the Constitution to interpret laws, safeguard fundamental rights, and act as the final court of appeal.

2. How many judges are there in the Supreme Court?

The Supreme Court can comprise a maximum of 34 judges, including the Chief Justice of India.

3. What is the Collegium System?

The Collegium System is the process for appointing judges in the higher judiciary in India. It involves a group of senior judges recommending appointments and transfers to the President of India.

4. What is a Public Interest Litigation (PIL)?

PIL is a legal instrument that allows individuals or collectives to submit petitions in court regarding matters that affect public interest, frequently utilized for social justice initiatives.

5. Can the Supreme Court review its own decisions?

Yes, under specific conditions, the Supreme Court possesses the authority to reassess its previous rulings or orders.

6. What role does the Supreme Court play in preserving democracy?

The Supreme Court maintains democracy by ensuring that legislative and executive actions comply with the Constitution, thus upholding the rule of law and defending fundamental rights.

7. Are the decisions of the Supreme Court binding?

Yes, the rulings made by the Supreme Court are binding on all subordinate courts in India.

8. How long do judges serve in the Supreme Court?

The Chief Justice retires at the age of 65 years, while other judges retire at the age of 62.

9. What is the impact of the Supreme Court’s judgments on society?

The judgments of the Supreme Court can induce significant societal transformations, influence public policy, and shape legislative practices within the country.

10. How can an individual approach the Supreme Court for justice?

An individual can approach the Supreme Court directly through a Special Leave Petition (SLP) or by submitting a PIL for public interest related matters.

This thorough examination intends to illuminate the crucial role that the Supreme Court of India performs within the judicial framework and democratic governance of the nation.