Supreme Court of India The Guardian of the Constitution

History and Establishment

  • Before India gained independence, the Federal Court of India (1937-1950) was the highest judicial body.
  • After the adoption of the Constitution in 1950, the Supreme Court was established as the final appellate authority, replacing the Privy Council in Britain.

Structure and Composition

  • The Supreme Court consists of the Chief Justice of India (CJI) and a maximum of 34 judges.
  • They are appointed by the President based on recommendations from the Collegium System.
  • Judges serve until the age of 65 and can take up post-retirement roles in tribunals or commissions.

Jurisdiction and Powers

Original Jurisdiction

  • The Supreme Court has the authority to hear disputes between the Union and States, ensuring smooth federal governance.
  • It also safeguards fundamental rights through writ petitions.

Appellate Jurisdiction

  • The court hears appeals in civil, criminal, and constitutional cases from High Courts across India.

Advisory Jurisdiction

  • Under Article 143, the President can seek legal advice from the Supreme Court on constitutional matters.

Role of the Supreme Court in Indian Democracy

  • The Supreme Court ensures that laws and government actions align with constitutional principles.
  • It safeguards fundamental rights and acts as a check on the powers of the legislature and executive.

Landmark Judgments by the Supreme Court

Kesavananda Bharati Case (1973)

  • This case introduced the Basic Structure Doctrine, ensuring that Parliament cannot alter the fundamental framework of the Constitution.

Maneka Gandhi Case (1978)

  • Expanded the interpretation of Article 21 (Right to Life and Personal Liberty), making it broader and more inclusive.

Vishaka Case (1997)

  • Laid down guidelines for preventing sexual harassment at workplaces, leading to the enactment of related laws.

Sabarimala Temple Verdict (2018)

  • Ruled that women of all ages have the right to enter the Sabarimala Temple, reinforcing gender equality.

Judicial Activism and Public Interest Litigation (PIL)

  • Judicial activism has expanded justice in India, allowing courts to take suo motu (on their own) actions.
  • PILs have addressed social issues like environmental protection and human rights.

Challenges Faced by the Supreme Court

  • Case backlog: Millions of pending cases cause delays in justice.
  • Judicial independence: Concerns over political interference in judicial appointments.
  • Need for reforms: Calls for digitization, increased judge strength, and transparency.

Recent Developments in the Supreme Court

  • Recent years have seen landmark judgments on privacy, same-sex rights, and electoral transparency.
  • The e-Courts project is digitizing records for faster case disposal.
Conclusion The Supreme Court of India remains the pillar of justice and constitutional supremacy. While it faces challenges, ongoing reforms and judicial efficiency will strengthen its role in democracy. FAQs

What is the role of the Supreme Court in India?

The Supreme Court interprets the Constitution, protects fundamental rights, and acts as the final appellate court.

How are Supreme Court judges appointed in India?

Judges are appointed by the President based on the recommendation of the Collegium, comprising senior judges.

What is the Basic Structure Doctrine?

It states that Parliament cannot amend the Constitution in a way that alters its fundamental principles.

Can Supreme Court decisions be challenged?

Supreme Court decisions are final but can be reviewed in rare circumstances under Article 137.

5. What is the difference between PIL and Writ Petition?

A PIL is filed in public interest, while a writ petition is a legal remedy for individual rights violations.

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