The Supreme Court of India, established under Part V, Chapter IV of the Indian Constitution, is the highest judicial authority in the country. It is the final court of appeal and the guardian of the Constitution, ensuring the supremacy of law. In this comprehensive overview, we will explore the historical background, structure, powers, and jurisdiction of the Supreme Court, highlighting its vital role in upholding justice and the rule of law.
Historical Background
The establishment of the Supreme Court of India is rooted in the context of India’s freedom struggle. The need for a centralized and authoritative judicial body led to the formation of the Federal Court of India in 1937. This court functioned until 1950, when the Constitution of India came into effect, replacing the Federal Court with the Supreme Court.
Constitutional Framework
The Supreme Court is established under Article 124 of the Constitution, which provides for the Chief Justice of India and such other judges as Parliament may by law prescribe. The structure and jurisdiction of the Court are further detailed in Articles 124 to 147.
Composition
The Supreme Court comprises the Chief Justice of India and currently up to 34 other judges. The President of India appoints the judges, including the Chief Justice, in consultation with senior judges. While the Constitution mandates the position of the Chief Justice, it does not fix the number of other judges, leaving that to be decided by Parliament through legislation.
Appointment and Tenure
The President appoints the Chief Justice and other judges of the Supreme Court. The Chief Justice is usually appointed based on seniority, and other judges are appointed on the advice of the collegium, consisting of the Chief Justice and senior judges. The retirement age for Supreme Court judges is 65 years.
Jurisdiction of the Supreme Court
The jurisdiction of the Supreme Court is multifaceted, encompassing original, appellate, and advisory powers. The Constitution outlines the scope of its authority in various circumstances.
Original Jurisdiction (Article 131)
The Supreme Court has original jurisdiction in disputes between the Government of India and one or more states or between two or more states. This ensures that federal or inter-state disputes are resolved by the apex court, promoting stability and fairness in such matters.
Appellate Jurisdiction
The Supreme Court serves as the final court of appeal in civil and criminal matters from various courts and tribunals. It hears appeals in cases involving significant questions of law or national importance. Appeals can be filed directly from High Courts, tribunals, and sometimes even lower courts.
Writ Jurisdiction (Article 32)
Under Article 32, the Supreme Court has the power to issue writs for the enforcement of fundamental rights. This jurisdiction is vital for protecting citizens against violations of their rights by the state or its agencies. The five types of writs—Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto—serve as strong legal tools to safeguard constitutional rights.
Advisory Jurisdiction (Article 143)
Although rarely used, the Supreme Court also has advisory jurisdiction. The President of India may seek the Court’s opinion on constitutional interpretation or legal questions of public importance. While advisory in nature, such opinions can have far-reaching consequences.
Review and Curative Jurisdiction (Article 137)
The Supreme Court has the power to review its own judgments under Article 137. Additionally, it may entertain curative petitions to prevent miscarriage of justice or correct gross errors. The concept of curative petitions was introduced in the case of Rupa Ashok Hurra v. Ashok Hurra, enhancing the scope for rectifying judicial errors.
Landmark Cases and Judicial Activism
The Supreme Court has played a crucial role in shaping India’s legal landscape through landmark judgments. In Kesavananda Bharati v. State of Kerala, the Court established the Basic Structure Doctrine, asserting that while Parliament has the power to amend the Constitution, it cannot alter its core structure. Such rulings laid the foundation for judicial activism, where the judiciary actively interprets and defends the Constitution.
Public Interest Litigation (PIL)
The Supreme Court has been instrumental in promoting Public Interest Litigation (PIL), allowing citizens to seek justice on behalf of those who may not be able to approach the court themselves. PILs have addressed issues related to the environment, human rights, and socio-economic justice. The Court has also taken suo motu (on its own) cognizance of matters affecting the public interest, ensuring justice extends beyond individual disputes to broader societal concerns.
Challenges and Concerns
Despite its critical role, the Supreme Court faces several challenges. One major issue is the backlog of cases, which delays justice. Concerns have also been raised about transparency in judicial appointments, especially in the collegium system, and the need to address vacancies promptly. Balancing judicial independence with accountability remains an ongoing challenge requiring careful deliberation.
Conclusion
In conclusion, the Supreme Court of India stands as the highest judicial authority, acting as the guardian of the Constitution and ensuring justice for all citizens. Its multidimensional jurisdiction—including original, appellate, and advisory powers—reflects its central role in the Indian legal system. Through judicial activism, protection of fundamental rights, and interpretation of constitutional principles, the Supreme Court has made significant contributions. As the ultimate interpreter of the Constitution, it plays a crucial role in upholding the rule of law and preserving the democratic ideals enshrined in the Constitution of India.
