The Judiciary: Supreme Court of India- GOALSOFPOLITY

Introduction:

Every constitutional democracy relies on an independent and effective judicial system to protect rights, resolve disputes, and uphold the rule of law. Without such an institution, constitutional principles would remain mere ideals rather than enforceable realities. In India, this responsibility rests with the judiciary, which serves as the guardian of the Constitution and the final interpreter of laws. At the apex of this judicial system is the Supreme Court of India, the highest court in the country, tasked with upholding constitutional supremacy, ensuring justice, and maintaining a balance between the various organs of government. Established on January 28, 1950, two days after the Constitution of India came into force, the Supreme Court plays a crucial role in upholding the rule of law, upholding constitutional values, and protecting the rights of citizens.

The Supreme Court holds a unique place in India’s democratic structure. It not only adjudicates disputes but also plays an active role in protecting fundamental rights, maintaining federal balance, and strengthening democratic values. Through its decisions, advisory opinions, and judicial innovations, the Court has profoundly influenced the legal, social, and constitutional development of the country.

1. Meaning and Importance of the Judiciary:

The judiciary refers to the system of courts that interprets and enforces laws in the name of the state. Its primary function is to administer justice by resolving disputes, punishing violations, and protecting rights and liberties. In India, the judiciary can make impartial decisions without political pressure because it is independent of the legislature and executive.

The importance of the judiciary lies in its roles:

• Defender of the Constitution

• Protector of fundamental rights

• Arbiter of disputes between citizens, states, and the Union

• Interpreter of laws and constitutional rules

Of all judicial institutions, the Supreme Court has the highest authority and the power of final appeal.

2. The Supreme Court’s Place in the Indian Judicial System:

The Indian judicial system follows a unified system, while some federal systems have separate federal and state courts. At the top of this system is the Supreme Court of India, followed by High Courts at the state level and District Courts at the lower level, and subordinate courts at the lower level.

The Supreme Court serves the following functions:

• The final court of appeal

• The final interpreter of the Constitution

• The highest authority on questions of law

Its decisions affect all Indian courts, ensuring uniformity in the interpretation of law.

3. Constitutional Basis of the Supreme Court of India:

The Supreme Court of India is established under Part V, Chapter IV (Articles 124–147) of the Constitution of India. These provisions describe its structure, powers, jurisdiction, independence, and manner of functioning.

Article 124 states:

• Establishment of the Supreme Court

• Appointment of Judges

• Qualifications and Tenure of Judges

The Constitution ensures that the Court functions independently and effectively, without any undue influence.

4. Composition of the Supreme Court:

a. Number of Members of the Court

The Supreme Court consists of:

• The Chief Justice of India (CJI)

• Other Judges, as determined by Parliament

Currently, the Supreme Court has a sanctioned strength of 34 judges (one Chief Justice and 33 other Judges).

b. Appointment of Judges

The President of India appoints judges to the Supreme Court. Over time, this process has been modified through judicial interpretations, leading to the creation of the collegium system, where appointments are made based on the recommendations of:

• The Chief Justice of India

• The most senior judge of the Supreme Court

This system aims to maintain judicial independence by minimizing executive interference.

c. Qualifications

To become a Supreme Court judge, a person must meet the following criteria:

• Be a citizen of India

• Must have been:

o A High Court judge for at least five years, or

o A High Court advocate for at least ten years, or

o An eminent jurist in the opinion of the President

d. Tenure and Removal of Judges

Tenure

Supreme Court judges hold office until the age of 65. This fixed retirement age ensures security of tenure and independence.

Removal of Judges

A judge can only be removed through a stringent impeachment process, which protects against arbitrary removal. Grounds for removal include:

• Proven misconduct

• Incapacity

Removal requires:

• A special majority in both houses of Parliament

• Presidential approval

This rigorous process strengthens judicial independence.

5. Independence of the Supreme Court:

Judicial independence is the foundation of India’s constitutional framework. Several safeguards ensure that the Supreme Court remains free from external pressures:

• Security of tenure

• Fixed service conditions

• Bar on practice after retirement

• Power to punish for contempt

• Control over its own process

These rules help the Court deliver justice impartially and hold even the most powerful officials accountable.

6. Jurisdiction of the Supreme Court of India:

The Supreme Court has extensive jurisdiction, which can be divided into several categories.

i. Original Jurisdiction:

Under Article 131, the Supreme Court has original jurisdiction in disputes between:

• The Central Government and one or more states

• Two or more states

Such disputes generally involve questions of constitutional or legal importance.

ii. Appellate Jurisdiction:

The Supreme Court is the highest appellate court in India. Appeals to the High Court may lie in:

(a) Constitutional matters

Cases involving essential questions concerning the meaning of the Constitution.

(b) Civil matters

Appeals in civil matters involving legal principles of public importance.

(c) Criminal matters

Appeals in serious criminal matters, especially those involving constitutional issues or the death penalty.

iii. Advisory Jurisdiction:

Under Article 143, the President of India may seek advisory opinions from the Supreme Court on matters such as:

• Questions of law

• Matters of public importance

Although these opinions are not mandatory, they carry considerable constitutional weight.

iv. Writ Jurisdiction:

One of the most powerful functions of the Supreme Court is its power to issue writs to enforce fundamental rights under Article 32. Types of writs include:

• Habeas Corpus

• Mandamus

• Prohibition

• Certiorari

• Quo Warranto

According to Dr. B.R. Ambedkar, Article 32 is the “heart and soul” of the Constitution.

v. Review and Curative Jurisdiction:

The Supreme Court has the power to:

• Review its own decisions (Article 137)

• Consider curative petitions in special cases to prevent miscarriages of justice

This ensures judicial accountability by maintaining finality of decisions.

7. The Supreme Court as Guardian of Fundamental Rights:

The Supreme Court has played a transformative role in promoting and protecting fundamental rights. By creating new meanings, it has:

• Expanded the scope of the right to life (Article 21)

• Recognized the following rights:

o Right to privacy

o Right to dignity

o Right to legal aid

o Right to a clean environment

By hearing Public Interest Litigations (PILs), the Court has made it easier for marginalized sections of society to access justice.

8. Judicial Review and Constitutional Supremacy:

Judicial review is the power of the Supreme Court to examine the constitutionality of laws and executive actions. If a law violates constitutional principles, the Court can declare it invalid.

This power ensures:

• Constitutional supremacy

• Accountability of the legislature and executive

• Protection of individual rights

The Basic Structure Doctrine further strengthens this role by preventing Parliament from altering the core principles of the Constitution.

9. The Supreme Court and Federal Balance:

In a federal system, conflicts between the central government and the states are inevitable. The Supreme Court acts as an impartial arbiter, ensuring:

• Respect for constitutional limits

• Balance of power between different levels of government

Its decisions have clarified issues related to legislative competence, financial relations, and administrative authority.

10. The Supreme Court’s Role in Social Transformation:

In addition to legal decisions, the Supreme Court has also made significant contributions to social reform. Through its landmark judgments, it has addressed issues such as:

• Gender equality

• Environmental protection

• Social justice

• Electoral reform

• Transparency and accountability in governance

This proactive role has established the Court as a catalyst for progressive change.

11. Significant Cases:

a. Kesavananda Bharati Case (1973):

In this landmark judgment, the Supreme Court established the principle of the basic structure of the Constitution, which cannot be altered by Parliament through amendment. This case strengthened the Court’s role as the guardian of the Constitution.

b. Maneka Gandhi Case (1978):

The Supreme Court expanded the interpretation of the right to life and personal liberty under Article 21. It stated that any law affecting personal liberty must be fair, just, and reasonable, ensuring that executive action does not arbitrarily infringe on personal freedom.

c. Shah Bano Case (1985):

This case involved the issue of maintenance for Muslim women after divorce. In this case, the Supreme Court upheld a Muslim woman’s right to receive maintenance under Section 125 of the Criminal Procedure Code, regardless of personal law.

d. Navtej Singh Johar v. Union of India (2018):

The Supreme Court decriminalized homosexuality by striking down Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts. This was a major milestone in recognizing LGBTQ+ rights in India.

12. Criticism and Challenges:

Despite its achievements, the Supreme Court faces several challenges:

• Delays in judicial proceedings

• Judicial interference

• Accessibility issues

• Vacancies in judicial positions

Striking the balance between judicial activism and restraint remains a persistent challenge.

Conclusion:

The Supreme Court is the foundation of constitutional governance and the administration of justice in India. Through its independence, broad jurisdiction, and commitment to constitutional values, it has safeguarded democracy, protected rights, and strengthened the rule of law. While challenges remain, the Court’s role as the ultimate custodian of justice remains essential to the functioning of India’s democratic structure.

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