Supreme Court of India

Supreme Court of India: History, Structure, Jurisdiction, and Role

The Supreme Court of India is a critical topic in the Indian Polity and Governance syllabus for UPSC Prelims (GS Paper 2) and Mains (GS Paper 2 and GS Paper 4), covering its history, structure, jurisdiction, functions, important judgments, and role in safeguarding the Constitution.

Introduction

The Supreme Court of India is the apex judicial body established under the Constitution to serve as the highest court of appeal and guardian of the Constitution. It has the ultimate authority in interpreting laws, safeguarding fundamental rights, and resolving constitutional disputes. Located in New Delhi, the Supreme Court has played a pivotal role in shaping India’s legal and democratic framework.

Historical Evolution

The origin of the Supreme Court of India can be traced back to the Regulating Act of 1773, which established the Supreme Court of Judicature at Calcutta, the first court with comprehensive jurisdiction in British India. Later, separate Supreme Courts were established in Madras (1800) and Bombay (1823). These courts had powers similar to courts in England and brought uniformity to judicial administration.

In 1861, the Indian High Courts Act replaced these Supreme Courts with High Courts in the presidencies, serving as the highest judicial authorities in their regions.

The Government of India Act 1935 established the Federal Court of India, envisaged as the high court for India and tasked with resolving disputes between provinces and federal states, and hearing appeals from High Courts.

Post-independence, with the adoption of the Constitution on 26 January 1950, the Federal Court was replaced by the Supreme Court of India, inaugurated officially on 28 January 1950. The Supreme Court initially functioned from the Chamber of Princes in the Parliament House before moving to its current building on Tilak Marg in 1958. The foundation stone was laid on 29 October 1954 by then President Dr. Rajendra Prasad.

Constitutional Provisions and Composition

As per Article 124 of the Indian Constitution:

• The Supreme Court shall consist of one Chief Justice and such number of other judges as Parliament may from time to time prescribe.
• Originally, the court had one Chief Justice and seven judges. Over the years, this strength has increased progressively to 34 judges as per the Supreme Court (Number of Judges) Act, 2019.

Appointments:

• Judges of the Supreme Court are appointed by the President of India.
• The appointment of the Chief Justice of India (CJI) involves consultation with the sitting judges.
• Other judges are appointed after consultation with the CJI and other judges as deemed necessary.
• Judges hold office until the age of 65 years unless they resign or are removed by Parliament through impeachment.

Structure and Benching

The Supreme Court functions in various-sized benches:

• Division Benches: Typically 2-3 judges hear routine appeals.
• Constitution Benches: Comprising 5 or more judges rule on important constitutional matters and questions of law.
• A historic 13-judge Constitution Bench decided the landmark Kesavananda Bharati case (1973) which established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution.

Jurisdiction

The jurisdiction of the Supreme Court of India includes:

1. Original Jurisdiction:

• Cases involving disputes between the Government of India and one or more states, or between states.
• Writ petitions filed under Article 32 to enforce fundamental rights.

2. Appellate Jurisdiction:

• Appeals against judgments from High Courts and other courts, tribunals, or authorities.
• Appellate jurisdiction over criminal, civil, and constitutional matters.

3. Advisory Jurisdiction:

• The President can refer questions of law or fact of public importance to the Supreme Court for advisory opinion under Article 143.
• While advisory opinions are not binding, they carry immense legal weight.

Functions and Powers

• Safeguarding Fundamental Rights: Individuals can approach the Supreme Court directly if they feel their fundamental rights are violated.
• Judicial Review: The Court can review and strike down laws or executive orders that contravene the Constitution.
• Guardian of the Constitution: It ensures that all branches of government act within constitutional limits.
• Dispute Resolution: Settles inter-state disputes, election disputes regarding the President and Vice President, and other legal conflicts.
• Public Interest Litigation: The Court has pioneered expanding access to justice by accepting petitions from any person or group, even if not a direct victim, advancing social justice causes.

Landmark Judgments

• Kesavananda Bharati vs State of Kerala (1973): Defined the basic structure doctrine limiting constitutional amendments.
• Maneka Gandhi vs Union of India (1978): Expanded the interpretation of the right to life and liberty.
• Shah Bano Case (1985): Highlighted the Court’s role in social justice and gender equality.
• Vishakha Guidelines (1997): Landmark for sexual harassment prevention at workplaces.
• S.R. Bommai Case (1994): Limited the use of Article 356 (President’s Rule).
• Decriminalization of Homosexuality (Navtej Singh Johar, 2018): Progressive expansion of fundamental rights.

Supreme Court’s Role in Democracy and Governance

• Acts as a check and balance on the Executive and Legislature to prevent authoritarianism.
• Protects minorities and marginalized groups by enforcing rights.
• Upholds rule of law and due process.
• Ensures environmental protection through landmark environmental jurisprudence.
• Strategically engages in protecting democratic spaces by condemning unconstitutional practices.

Recent Developments and Reforms

• Increase in the number of judges to reduce backlog.
• Digitization of cases for transparency and efficiency.
• Emphasis on alternative dispute resolution including mediation.
• Public awareness about Supreme Court procedures and PILs.
• Efforts to maintain independence and accountability of the judiciary.

Conclusion

The Supreme Court of India stands as a pillar of democracy, protector of fundamental rights, and dispenser of justice. Its evolution from colonial era courts to a modern apex institution reflects India’s journey toward constitutionalism and rule of law. For UPSC aspirants, understanding the Supreme Court’s history, structure, and multifaceted role is essential to appreciating India’s political and judicial architecture.