Supreme Court of India
The Supreme Court of India (ISO: Bhārata kā Sarvōcca Nyāyālaya) is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions.[5]
The Supreme Court of India
October 1, 1937
Yatō Dharmastatō Jayaḥ
Where there is righteousness and moral duty, there is victory.
Article 124 of the Constitution of India
Mandatory retirement at 65 years of age
9 November 2022
As the apex constitutional court, it takes up appeals primarily against verdicts of the High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India. Under judicial review, the court invalidates both normal laws as well as constitutional amendments that violate the Basic structure doctrine. It is required to safeguard the fundamental rights of citizens and settles legal disputes among the central government and various state governments.
Its decisions are binding on other Indian courts as well as the union and state governments.[6] As per the Article 142 of the Constitution, the court is conferred with the inherent jurisdiction to pass any order deemed necessary in the interest of complete justice which becomes binding on the President to enforce.[7] The Supreme Court replaced the Judicial Committee of the Privy Council as the highest court of appeal since 28 January 1950, two days after India was declared a republic.
Empowered by the Indian Constitution with expansive authority to initiate actions and wield appellate jurisdiction over all courts within the nation along with the pivotal ability to review constitutional amendments, underscoring its significant role in the legal landscape of the country, the Supreme Court of India is widely acknowledged as one of the most powerful supreme courts in the world.[8][9]
History[edit]
In 1861, the Indian High Courts Act 1861 was enacted to create high courts for various provinces and abolish Supreme Courts at Calcutta, Madras and Bombay and also the sadar adalats in presidency towns in their respective regions. These new high courts had the distinction of being the highest courts for all cases till the creation of the Federal Court of India under the Government of India Act 1935. The Federal Court had the jurisdiction to solve disputes between provinces and federal states and hear appeals against judgement of the high courts. The first CJI of India was H. J. Kania.[6]
The Supreme Court of India came into existence on 28 January 1950.[10] It replaced both the Federal Court of India and the Judicial Committee of the Privy Council, which were then at the apex of the Indian court system. The first proceedings and inauguration, however, took place on 28 January 1950 at 9:45 am, when the judges took their seats; which is thus regarded as the official date of establishment.[11]
The Supreme Court initially had its seat at the Chamber of Princes in the parliament building where the previous Federal Court of India sat from 1937 to 1950. The first Chief Justice of India was H. J. Kania. In 1958, the Supreme Court moved to its present premises.[10] Originally, the Constitution of India envisaged a supreme court with a chief justice and seven judges; leaving it to Parliament to increase this number. In its formative years, the Supreme Court met from 10 to 12 in the morning and then from 2 to 4 in the afternoon for 28 days per month.
The emblem of the Supreme Court represents the Lion capital of Ashoka at Sarnath, with a topmost wheel featuring 32 spokes.[12]
The Supreme Court of India was constituted as per Chapter IV of Part V of the Constitution of India. The fourth Chapter of the Indian Constitution is " The Union Judiciary". Under this Chapter, the Supreme Court of India is vested with all Jurisdiction.
The law declared by the Supreme Court is binding on all courts in the country.[7]
Presently, the Members of Collegium are:
Constitution of the Court[edit]
Registry[edit]
The registry of the Supreme Court is headed by the Secretary-General, who is currently assisted by 10 registrars, several additional and deputy registrars,[23] etc. Article 146 of the Constitution deals with the appointments of officers and servants of the Supreme Court registry.[24][25]
Composition[edit]
Size of the court[edit]
Initially, the Constitution of India provided for a Supreme Court with a chief justice and 7 judges. In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and cases began to accumulate, Parliament increased the number of judges (including the Chief Justice) from the original 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, to 34 in 2019. As the number of the judges has increased, they sit in smaller benches of two or three (referred to as a division bench)[27]—coming together in larger benches of five or more (referred to as a constitution bench) when required to settle fundamental questions of law. A bench may refer a case before it to a larger bench, should the need arise.[28]
The largest-ever bench at the Supreme Court of India has been constituted in 1973 in Kesavananda Bharati v. State of Kerala. A bench of 13 judges was set up to decide whether Parliament had the unfettered right to amend the Constitution, which eventually gave rise to the Basic Structure doctrine.
Eligibility of a judge of the Supreme Court[edit]
A citizen of India not exceeding 65 years age per Article 124 of the Constitution who has been:
Rules[edit]
Article 145 of the Indian Constitution grants the Supreme Court the authority to create its own rules, subject to presidential approval, to govern the practice and procedures of the court. These rules have been revised and published three times, first in 1950, then in 1966, and most recently in 2013.[62]
Roster system[edit]
From 5 February 2018 onwards, the Supreme Court adopted a fresh roster system for assigning cases to judges. According to this new arrangement, the Chief Justice of India (CJI) is designated to preside over all special leave petitions (SLPs) and cases concerning public interest, social justice, elections, arbitration, criminal matters, and more. Other members of the collegium or senior judges are tasked with hearing cases related to labour disputes, taxation, compensation, consumer protection, maritime law, mortgage, personal law, family law, land acquisition, service, company matters, and other relevant areas.[63]
Reporting and citation[edit]
Supreme Court Reports is the official journal of reportable Supreme Court decisions. It is published under the authority of the Supreme Court of India by the Controller of Publications, Government of India, Delhi.[64] In addition, there are many other reputed private journals that report Supreme Court decisions. Some of these other important journals are: SCR (The Supreme Court Reports), SCC (Supreme Court Cases), AIR (All India Reporter), SCALE, etc.
Critical assessment[edit]
Corruption[edit]
The year 2008 saw the Supreme Court embroiled in several controversies, from serious allegations of corruption at the highest level of the judiciary,[114] expensive private holidays at the tax payers expense,[115] refusal to divulge details of judges' assets to the public,[116] secrecy in the appointments of judges',[117] to refusal to make information public under the Right to Information Act.[118] The chief justice K. G. Balakrishnan invited a lot of criticism for his comments on his post not being that of a public servant, but that of a constitutional authority.[119] He later went back on this stand.[120] The judiciary has come in for serious criticisms from former presidents Pratibha Patil and A. P. J. Abdul Kalam for failure in handling its duties.[121] Former prime minister Manmohan Singh, has stated that corruption is one of the major challenges facing the judiciary, and suggested that there is an urgent need to eradicate this menace.[122]
The Cabinet Secretary of India introduced the judges Inquiry (Amendment) Bill 2008 in parliament for setting up of a panel called the National Judicial Council, headed by the Chief Justice of India, that will probe into allegations of corruption and misconduct by High Court and Supreme Court judges.[123][124]