Evolution of Supreme Court of India
- Regulating Act of 1774
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- Supreme Court at Calcutta established
- Subsequently, SC of Madras (1800) and Bombay(1823) established
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- India High Courts Act 1861
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- High Courts for various provinces
- Abolished all three Supreme Courts
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- Government of India Act 1935
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- Created Federal Court of India
- Hears appeal against Judgements from High Courts
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- Constitution of India
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- On 28th January 1950, Supreme Court of India came into existence
A glance at relations between judiciary and executive
- Article 50 in Part IV: The State shall take steps to separate the judiciary from the executive in the public services of the State.
- 1947-1964
- Confrontation began on issues of the right to Property.
- Kameshwar Singh vs State of Bihar – The government brought the 1st constitutional amendment Act and inserted the 9th schedule.
- 1965-1993
- Due to frequent amendments to the Constitution, the Supreme Court had to assert its position.
- Golaknath Case, Kesavananda Bharati case, etc established the dominance of SC.
- However, the government responded with CAA 24th and 25th which restricted SC power.
- ADM Jabalpur Case, and Minerva Mills case (1980), again asserted the position of SC.
- 1993-2018:
- Three judges’ cases empowered SC in the appointment of Judges.
- National Judicial Appointments Commission (NJAC) legislation was brought by the government but struck down by the SC
About Supreme Court
- According to Article 124(1) of the Indian Constitution, the Supreme Court of India must have a Chief Justice of India (CJI) and a maximum of seven additional justices unless Parliament specifies a higher number through a statute.
- Currently, the Supreme Court comprises the Chief Justice and 33 other Judges.
- Constitutional Provisions: The Supreme Court’s powers and jurisdiction are outlined in Articles 124 to 147 of the Indian Constitution.
- Key Features of the Supreme Court of India
- Highest Court of Appeal: The Supreme Court is the highest court (apex court) in India, where citizens can appeal decisions from lower courts.
- Advisory Jurisdiction: As per Article 143, the Supreme Court can advise the President on legal matters of public importance.
- Adjudicate Federal Disputes: The Court resolves disputes between the Union and the states and between different states (Article 131).
- Judicial Review: The Supreme Court reviews laws and actions of the executive to ensure they comply with the Constitution.
- Protection of Fundamental Rights: The Court protects the fundamental rights of citizens by issuing writs and orders (Article 32).
- Public Interest Litigation (PIL): The Court can take up cases on its own or on behalf of the public interest. In some matters, the Supreme Court also acts on its own and can pass suo moto.
Regional Benches :
- SC of India may invoke Article 130 of the Constitution for establishing its regional benches at four or five locations in the Country.
- As per Article 130 of the Constitution of India, the Supreme Court shall sit in Delhi or such other place or places, as the Chief Justice of India, may, with the approval of the President, from time to time, appoint.
- Supreme Court’s Delhi bench could handle constitutional cases, while regional benches address appeals.
- The appellate benches’ decisions should be treated as final.
