Overview of Supreme Court
The Supreme Court of India is also called Bharatiya Uchatam Nyayalaya. It is the highest judicial body of India and the top court of the Republic of India under the constitution. It is the highest constitutional court and has the power of judicial review. The Chief Justice of the supreme court of India is the head and chief judge of the Supreme Court of India - which has original, appellate, and advisory jurisdictions and a maximum of 33 justices ( excluding the CJI ).
The Ministry of Law and Justice of the Government of India is responsible for it. As India's supreme constitutional court, it hears appeals mostly from high courts in various states of the Union, as well as other courts and tribunals. It is responsible for protecting people' basic rights and resolving conflicts between various government agencies, such as the central government and the states, or state governments and other state governments in the country.
As an advisory court, it handles cases that the President of India may refer to explicitly under the Constitution. The Supreme Court's decision is binding on all Indian courts, as well as the federal and state governments. According to Article 142 of the Constitution, the President of India is responsible for enforcing the Supreme Court's decisions, and the court has inherent authority to issue any order considered appropriate in the interests of justice. The supreme court was established on 26 January 1950. Since January 28, 1950, the Supreme Court has superseded the Judicial Committee of the Privy Council as the highest court of appeal.
Supreme Court History
The Indian High Courts Act 1861 established high courts for several provinces and abolished the Supreme Courts in Calcutta, Madras, and Bombay, as well as the sadar adalats in presidential cities in their respective territories, in 1861. Until the Federal Court of India was established under the Government of India Act 1935, these new high courts enjoyed the distinction of being the highest courts for all cases. The Federal Court held authority over conflicts between provinces and federal states, as well as hearing appeals from high court decisions. The first chief justice of the supreme court of India is H. J. Kania. The Supreme Legal of India was founded on January 28, 1950, replacing the Federal Court of India and the Judicial Committee of the Privy Council, which were at the time the highest courts in India. However, the first hearings and inauguration were held on January 28, 1950, at 9:45 a.m., when the judges took their seats. As a result, the official date of establishment is considered. The regular supreme court timings are 9 am to 7 pm.
The Supreme Court was first housed in the Parliament Buildings Chamber of Princes, where the former Federal Court of India sat from 1937 until 1950. H. D. was India's first Chief Justice. Kania, J. The Supreme Court relocated to its current location in 1958. The Indian Constitution originally called for a supreme court with a chief justice and seven justices, with Parliament having the authority to raise this number. The Supreme Court used to meet for 28 days a month, from 10 to noon and again 2 to 4 in the afternoon.
Supreme Court of India Judgements
Supreme court of India judgments are of two types:
Judgments are purely based on the facts and circumstances of a case within the framework of applicable laws, from which no new legal propositions may be derived save for any Court to follow the law.
The majority of judgments are founded on Interpretative, Statutory, and Constitutional Laws, and disputed laws can be overturned by the courts with fresh legal arguments. However, the Dynamics of Law does not imply that courts may pass laws in a country with a written constitution that divides powers.
The basic responsibility of the courts is to uphold the current legislation. There are no exceptions in the Supreme Court or the High Courts. Judges should use greater caution when creating words, phrases, and legal interpretations that connect the facts and circumstances of a case to applicable statutes, judicial declarations, and Jurisprudential Principles.
Jurisdiction of Supreme Court of India
The Supreme Court of India was established under Chapter IV of Part V of the Indian Constitution. The Union Judiciary is the fourth chapter of the Indian Constitution. The Supreme Court of India has complete jurisdiction under this Chapter. The Supreme Court of India was formed and established by Article 124. The Supreme Court is the Court of Record, according to Article 129. The Supreme Court's Original Jurisdiction is permitted under Article 131. The Supreme Court's Appellate Jurisdiction is permitted under Articles 132, 133, and 134. The Supreme Court has power over the Federal Court under Article 135.
Special leave to appeal to the Supreme Court is dealt with under Article 136. Article 137 explains the Supreme Court's review power. Article 138 concerns the Supreme Court's authority to be expanded. Article 139 relates to the Supreme Court being granted the authority to issue certain writs. Article 140 grants the Supreme Court ancillary powers. Article 141 of the Constitution grants the Supreme Court the power to make laws. The Supreme Court proclaimed the law to be obligatory on all courts.
Conclusion
Thus, the Supreme Court is said to be the apex court of the country which is also known as the interpreter of the Constitution whose judgements are binding in the entire country. The institution promotes justice in the country.
FAQs on Supreme Court of India
1. What is the primary role of the Supreme Court of India in our country's democratic framework?
The Supreme Court of India is the highest judicial authority and the final court of appeal under the Constitution of India. Its primary role is to serve as the guardian of the Constitution and the protector of citizens' Fundamental Rights. It ensures that the legislative and executive branches of government operate within their constitutional limits and upholds the rule of law across the nation. For a deeper understanding, you can explore the Indian Judiciary System.
2. How is the judicial system in India structured, and what is the Supreme Court's position in it?
India has a unified and integrated judicial system. This means that unlike some federal countries, we do not have separate sets of courts for the Union and the States. The structure is hierarchical:
The Supreme Court of India is at the apex.
Below it are the High Courts at the state level.
Under the High Courts are a system of subordinate courts, such as district courts and other lower courts.
As the apex court, the Supreme Court's decisions are binding on all other courts in India, ensuring uniformity of law. You can read more about the Introduction of the Judiciary for details.
3. How are the judges of the Supreme Court appointed, and what is the current sanctioned strength?
Judges of the Supreme Court are appointed by the President of India. The appointment is made after consultation with the Chief Justice of India (CJI) and other senior judges of the Supreme Court, a process known as the Collegium System. The current sanctioned strength of the Supreme Court is 34 judges, which includes one Chief Justice of India and 33 other judges. Judges hold office until they attain the age of 65 years. The process is a key aspect of the Working of Institutions in India.
4. Why is the process for the removal of a Supreme Court judge made so difficult?
The difficult removal process, known as impeachment, is a crucial safeguard for ensuring the independence of the judiciary. A judge can only be removed by the President on grounds of proven misbehaviour or incapacity, after a motion is passed by a special majority in both Houses of Parliament. This stringent procedure prevents the executive or legislature from arbitrarily removing judges due to unfavourable verdicts, allowing judges to perform their duties without fear or favour and protecting the integrity of their constitutional role.
5. What are the main types of jurisdiction held by the Supreme Court of India?
The Supreme Court's powers are exercised through its different jurisdictions, which are fundamental to its role. The primary ones are:
Original Jurisdiction: Allows the SC to hear certain cases directly for the first time, primarily disputes between the Government of India and one or more states, or between states.
Appellate Jurisdiction: Enables the SC to hear appeals against judgments from High Courts in civil, criminal, and constitutional matters.
Advisory Jurisdiction: The President of India can seek the opinion of the Supreme Court on any question of law or fact of public importance.
Writ Jurisdiction: To enforce Fundamental Rights, the SC can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.
6. How does the Supreme Court's power of 'Judicial Review' function as a check on other government branches?
Judicial Review is the power of the Supreme Court to examine the constitutionality of any law passed by the legislature or any action taken by the executive. If a law or action is found to violate the provisions of the Constitution (especially Fundamental Rights), the Supreme Court can declare it null and void. This power ensures that Parliament cannot pass laws that contravene the basic structure of the Constitution, thereby upholding constitutional supremacy and maintaining a balance of power between the different organs of the state, which is one of the key federal features of the Indian Constitution.
7. What is a Public Interest Litigation (PIL) and why is it considered important?
A Public Interest Litigation (PIL) is a legal tool that allows any individual or organisation to file a case in court on behalf of those who are unable to do so themselves due to poverty, ignorance, or other disadvantages. It is a departure from the traditional rule of 'locus standi' (right to appear in court). PILs are important because they have made the judicial system more accessible to the poor and marginalised, allowing the court to address issues of public welfare, human rights, and environmental protection. For more details, see Public Interest Litigation in India.
8. Are the judgments of the Supreme Court binding on all other courts in India? What is the legal principle behind this?
Yes, the judgments delivered by the Supreme Court are binding on all courts within the territory of India. This is mandated by Article 141 of the Constitution. The legal principle behind this is the Doctrine of Precedent or 'stare decisis'. It ensures that there is uniformity and certainty in the law across the country. All lower courts, including the High Courts, must follow the legal principles and interpretations laid down by the Supreme Court in similar cases.
9. How can an ordinary citizen check the status of a case filed in the Supreme Court?
An ordinary citizen can easily check the status of a case online through the official website of the Supreme Court of India. The 'Case Status' feature allows users to search for cases using various details such as the Diary Number, Case Number, party names, or advocate's name. This transparency is a key part of the court's administrative functions and ensures public access to judicial proceedings, upholding the principles laid out in The Constitution of India.
10. What is the core difference between the Supreme Court's 'Appellate Jurisdiction' and its 'Writ Jurisdiction'?
The core difference lies in their purpose and scope. Appellate Jurisdiction is used to review decisions already made by a lower court (usually a High Court) to check for legal or factual errors. It deals with appeals in civil, criminal, or constitutional cases. In contrast, Writ Jurisdiction is a part of the court's original jurisdiction and is specifically used to enforce the Fundamental Rights of citizens. It is a direct remedy for the violation of these rights, where the court can issue orders or 'writs' to command or prohibit certain actions.
