The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India. Established on January 28, 1950, it replaced the Federal Court of India and the Judicial Committee of the Privy Council. The Supreme Court is located in New Delhi.
Composition of the Supreme Court
The Supreme Court comprises the Chief Justice of India and 33 other judges. Initially, the court had eight judges, but this number has increased over the years. The Parliament can regulate the number of judges, which currently stands at 34.
Jurisdiction of the Supreme Court
The Supreme Court has three types of jurisdiction – original, appellate, and advisory.
Original Jurisdiction
Original jurisdiction allows the Supreme Court to hear disputes directly without any prior court involvement. This jurisdiction extends to:
- Disputes between the Government of India and one or more states.
- Disputes between different states.
This jurisdiction is exclusive, meaning no other court can adjudicate these disputes.
Writ Jurisdiction
The Supreme Court has the authority to issue writs under Article 32 of the Constitution. These writs include:
- Habeas Corpus
- Mandamus
- Prohibition
- Quo Warranto
- Certiorari
This power is crucial for the enforcement of Fundamental Rights.
Appellate Jurisdiction
The Supreme Court hears appeals from lower courts, specifically High Courts. Appeals can be made in civil and criminal cases under various conditions, such as:
- Substantial questions of law certified by the High Court.
- Cases involving the death penalty or life imprisonment.
The court also has the discretion to grant special leave to appeal under Article 136.
Advisory Jurisdiction
Under Article 143, the President of India can seek the Supreme Court’s opinion on:
- Questions of law or fact of public importance.
- Disputes arising from pre-Constitution treaties.
The Supreme Court’s opinion in these matters is advisory and not legally binding.
Powers of the Supreme Court
The Supreme Court has extensive powers, including:
- Judicial review of legislative and executive actions.
- Power to punish for contempt of court.
- Authority to transfer cases between High Courts.
It acts as a court of record, maintaining its judgments and proceedings for future reference.
Procedure of the Supreme Court
The Supreme Court regulates its procedures with the approval of the President. Cases are typically heard by:
- Single judges for routine matters.
- Division benches for appeals.
- Constitution benches for constitutional issues.
Judgments are delivered in open court, with decisions based on majority votes.
Appointment of Judges
Judges of the Supreme Court are appointed by the President of India. The appointment process involves:
- Consultation with the Chief Justice and other senior judges.
- Adherence to the recommendations of the collegium system.
Judges must meet specific qualifications, including being a citizen of India and having judicial experience.
Tenure and Removal of Judges
Judges hold office until the age of 65. They can resign or be removed through a parliamentary process involving:
- Proven misbehaviour or incapacity.
- A removal motion supported by a specified number of parliamentarians.
No judge has been impeached to date.
Independence of the Judiciary
The Constitution safeguards the independence of the Supreme Court through various provisions:
- Security of tenure for judges.
- Fixed salaries and allowances that cannot be reduced.
- Judges cannot be questioned in Parliament for their judicial conduct.
Contempt of Court
Contempt of court refers to actions that obstruct the court’s functioning. It can be:
- Civil Contempt – Willful disobedience of court orders.
- Criminal Contempt – Acts that scandalise the court or interfere with justice.
Judicial Review and Constitutional Interpretation
The Supreme Court has the power to review the constitutionality of laws and executive actions. It serves as the ultimate interpreter of the Constitution, ensuring that legislative and executive actions align with constitutional provisions.
Comparison with the American Supreme Court
While both courts serve as the highest judicial authorities in their respective countries, they differ in several aspects:
- The Indian Supreme Court has broader original jurisdiction.
- The American Supreme Court’s appellate jurisdiction is more limited.
- The Indian court has advisory jurisdiction, unlike its American counterpart.
Key Functions of the Supreme Court
The Supreme Court performs several key functions:
- Hearing appeals and ensuring justice.
- Interpreting the Constitution and safeguarding Fundamental Rights.
- Resolving disputes between government entities.
Significant Landmark Judgments
The Supreme Court has delivered numerous landmark judgments that have shaped Indian law and society. These include:
- Kesavananda Bharati case – Established the Basic Structure doctrine.
- Maneka Gandhi case – Expanded the interpretation of Article 21 (Right to Life).
- Navtej Singh Johar case – Decriminalised homosexuality.
Public Interest Litigation (PIL)
The Supreme Court allows for Public Interest Litigation, enabling individuals or groups to file petitions on behalf of those unable to seek justice. This has expanded access to justice for marginalized communities.
Role in Election Matters
The Supreme Court adjudicates election petitions and disputes related to presidential and vice-presidential elections. It has original jurisdiction in these matters, ensuring fair electoral processes.
Technological Advancements in Court Proceedings
The Supreme Court has embraced technology to enhance its functioning. This includes:
- Online filing of cases.
- Virtual hearings.
- Digital access to judgments and orders.
Future Challenges and Reforms
The Supreme Court faces challenges such as case backlogs and the need for judicial reforms. Ongoing discussions focus on improving efficiency and accessibility in the judicial system.
