THE SUPREME COURT OF INDIA

• What is the Supreme Court of India?
• The Supreme Court of India (SCI) is the highest judicial authority in India and is the final court of appeal. It serves as the guardian of the Constitution and ensures the rule of law is maintained across the nation.
• The Supreme Court was established on 15th August 1947, following the passage of the Indian Independence Act, 1947, but its foundation was laid by Article 124 of the Indian Constitution.
• Constitutional Basis:
• The Supreme Court is established under Part V, Chapter IV of the Indian Constitution, specifically Articles 124 to 147.
• Article 124 provides for the establishment of the Supreme Court, while other provisions define its jurisdiction, powers, and structure.
• Jurisdiction and Role:
• It has the ultimate appellate jurisdiction over all other courts in India and has the power of judicial review to ensure laws are in compliance with the Constitution.

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2. Structure of the Supreme Court of India

• Composition:
• The Supreme Court is headed by the Chief Justice of India (CJI), who is the highest-ranking judicial officer in the country.
• The Supreme Court consists of the CJI and other judges. The number of judges is determined by the President of India, based on the recommendation of the Collegium system. Currently, the Supreme Court can have up to 34 judges including the CJI.
• Appointment of Judges:
• Judges are appointed by the President of India, but the selection process is carried out by the Collegium System, which includes the Chief Justice of India and the four senior-most judges of the Supreme Court.
• The President appoints judges based on the recommendations of the Collegium.
• Tenure:
• The judges of the Supreme Court serve until the age of 65.
• Security of Tenure: Judges cannot be removed except by a special procedure that requires impeachment by Parliament.

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3. Jurisdiction and Functions of the Supreme Court

• Original Jurisdiction:
• The Supreme Court has original jurisdiction in cases involving disputes between the Government of India and one or more states, or between two or more states. This is important for resolving conflicts at the highest level.
• It also has original jurisdiction in matters relating to the enforcement of fundamental rights under Article 32.
• Appellate Jurisdiction:
• The Supreme Court is the final appellate court in India, meaning it hears appeals from decisions made by lower courts, including High Courts, in both civil and criminal matters.
• It can hear appeals against judgments from High Courts in cases involving substantial questions of law and public interest.
• Advisory Jurisdiction:
• Under Article 143, the President of India can refer any question of law or fact of public importance to the Supreme Court for its advice, although the advice is not binding.
• Writ Jurisdiction:
• Under Article 32, the Supreme Court has the power to issue writs for the protection of fundamental rights. The writs include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
• Judicial Review:
• One of the most critical functions of the Supreme Court is to review the constitutionality of laws and executive actions. It has the power to declare laws unconstitutional if they violate the Constitution of India.

4. Powers of the Supreme Court

• Judicial Review:
• Judicial review allows the Supreme Court to ensure that all laws passed by Parliament or actions taken by the executive comply with the Constitution. This makes the Court a protector of fundamental rights and the basic structure of the Constitution.
• Landmark cases such as Kesavananda Bharati v. State of Kerala (1973) established the Basic Structure Doctrine, which limits Parliament’s power to amend the Constitution.
• Contempt of Court:
• The Supreme Court has the power to punish individuals for contempt of court (under Article 129). This ensures the authority and dignity of the court are maintained.
• Power of Transfer:
• The Supreme Court has the power to transfer cases from one High Court to another, as well as from one subordinate court to another, in the interest of justice (under Article 139A).
• Supervisory Jurisdiction:
• The Supreme Court has supervisory jurisdiction over lower courts to ensure they follow the correct procedures and standards of justice.

5. Role of the Supreme Court in Indian Democracy

• Protector of the Constitution:
• The Supreme Court plays a pivotal role in protecting and interpreting the Constitution. It ensures that no law or action violates the basic structure or fundamental rights guaranteed by the Constitution.
• Guardian of Fundamental Rights:
• The Supreme Court is a key institution in protecting the fundamental rights of citizens. It has the power to issue writs under Article 32 to enforce rights, especially in cases of violations or injustices.
• It ensures justice is accessible even for those who are marginalized or deprived.
• Judicial Activism:
• The Supreme Court has often engaged in judicial activism by intervening in socio-political issues that directly affect the public. This includes matters related to environmental protection, human rights, and social justice.
• Public Interest Litigation (PIL) has expanded access to the judiciary, allowing citizens to approach the Court for matters affecting the public at large.

6. Appointment of Judges and Collegium System

• The Collegium System:
• The process of appointing judges to the Supreme Court is based on the collegium system, which was formalized by a Supreme Court judgment (in S.P. Gupta v. Union of India, 1981). The system involves the Chief Justice of India and the four senior-most judges of the Supreme Court recommending names for appointments.
• Controversies and Reforms:
• The collegium system has faced criticism for its lack of transparency and accountability. As a result, discussions have been held about introducing a National Judicial Appointments Commission (NJAC) to make the process more transparent and accountable. The NJAC Act was passed in 2014, but it was struck down by the Supreme Court in 2015, re-establishing the collegium system.

7. Judicial Independence and Accountability

• Independence of the Judiciary:
• Judicial independence is a core feature of the Indian Constitution. Judges of the Supreme Court enjoy security of tenure until the age of 65 and cannot be removed except through impeachment by Parliament.
• Accountability Mechanisms:
• The Judicial Standards and Accountability Bill was introduced to ensure transparency and accountability in the judiciary. However, its implementation is still under discussion.
• Impeachment Process: Supreme Court judges can only be removed through an impeachment process, which requires a majority vote in both houses of Parliament.
• Disciplinary Oversight:
• The Supreme Court has internal disciplinary processes to address the misconduct of judges, ensuring the credibility of the institution is maintained.

8. Challenges Faced by the Supreme Court

• Case Backlog:
• The Supreme Court, despite being the highest court, faces a growing backlog of cases, leading to delays in justice.
• Judicial Delays:
• The increasing number of cases and limited resources contribute to the delay in the delivery of justice.
• Increasing Workload:
• The workload of the Supreme Court is becoming increasingly challenging due to a growing number of cases, including significant constitutional matters.

9. Judicial Reforms in the Supreme Court

• Use of Technology:
• The introduction of e-filing and virtual hearings during the COVID-19 pandemic has modernized the Court’s functioning, making it more accessible.
• Increasing the Number of Judges:
• To reduce the backlog of cases, there have been discussions on increasing the number of judges in the Supreme Court and creating more benches.
• Alternative Dispute Resolution (ADR):
• The Supreme Court encourages the use of mediation and arbitration to reduce its workload and help in resolving disputes outside the court.