Supreme Court of India – UGC-NTA NET Political Science Study Notes

The Supreme Court of India stands as the highest judicial authority in the country. Established on January 28, 1950, it serves as the final court of appeal under the Constitution of India.

Establishment and Composition

The Supreme Court was established to ensure justice and uphold the Constitution. Its composition is defined by the Constitution.

• It includes the Chief Justice of India and up to 34 other judges.
• The total strength can be increased by Parliament.
• Judges are appointed by the President based on the Prime Minister’s advice and the Chief Justice’s recommendations.

Jurisdiction

The Supreme Court has a broad jurisdiction, classified into three main types:

1. Original Jurisdiction: Cases involving disputes between states or between the Centre and states.
2. Appellate Jurisdiction: Hears appeals against judgments from High Courts and other courts.
3. Advisory Jurisdiction: Offers legal advice to the President under Article 143.

Additionally, the court entertains Public Interest Litigations (PIL), allowing individuals or groups to seek justice for public causes.

Constitutional Provisions

The Supreme Court’s functioning is governed by Articles 124 to 147 of the Constitution.

• Article 124: Establishes the Supreme Court and defines its composition.
• Article 126: Covers the appointment of an acting Chief Justice.
• Article 127: Discusses the appointment of ad hoc judges.
• Article 128: Relates to retired judges’ appointments.
• Article 130: Specifies the seat of the Supreme Court.

Powers and Functions

The Supreme Court wields powers, essential for maintaining justice.

• Judicial Review: It can invalidate laws and executive actions deemed unconstitutional.
• Interpretation of the Constitution: Clarifies the meaning of constitutional provisions.
• Enforcement of Fundamental Rights: Protects citizens’ rights against state infringement.
• Contempt of Court: Punishes contempt to maintain its authority.

Significant Judgments

The Supreme Court has delivered landmark judgments that shaped Indian law.

• Kesavananda Bharati Case (1973): Established the Basic Structure Doctrine, limiting Parliament’s power to alter the Constitution’s framework.
• Maneka Gandhi Case (1978): Expanded Article 21, affirming the Right to Life and Personal Liberty.
• Vishaka Guidelines (1997): Laid down guidelines to prevent workplace sexual harassment.
• Navtej Singh Johar Case (2018): Decriminalised Section 377 of the IPC, which criminalised homosexuality.

Judicial Appointments and Collegium System

The appointment of judges follows a unique process.

• The Collegium System is responsible for the appointment and transfer of judges.
• It comprises the Chief Justice and the four senior-most judges.
• Recommendations are sent to the President for appointment.

Administrative Structure

The Supreme Court’s administrative framework supports its functioning.

• It has a Registrar and various officers to assist in operations.
• Judges are organised into benches – Constitution Bench, Division Bench, and Single Judge Bench.

Location

The Supreme Court is situated in New Delhi, the capital city of India. Its building is a symbol of justice and authority.

Significance

The Supreme Court plays important role in Indian democracy.

• It acts as the guardian of the Constitution.
• It upholds the rule of law, ensuring justice for all citizens.

Current Chief Justice

As of October 2023, the Chief Justice of India is D.Y. Chandrachud. He took office on November 9, 2022, and has been influential in numerous landmark judgments.

Notable Features

The Supreme Court has unique features that enhance its effectiveness.

• It can issue writs under Article 32 for enforcing Fundamental Rights.
• It may hear cases in languages other than English, as per the Official Languages Act.

Judicial Activism and Restraint

The Supreme Court exhibits both activism and restraint.

• It actively protects rights and addresses social issues.
• However, it respects the separation of powers, exercising restraint when necessary.

Public Interest Litigation (PIL)

PILs were introduced in the 1980s to empower citizens to seek justice.

• PILs allow the public to address issues affecting society.
• They have led to legal changes and social reforms.

Contempt of Court

Contempt of Court is defined under Articles 129 and 142.

• The Supreme Court can punish contempt to uphold its dignity.
• This power ensures respect for the judiciary.

Judicial Review and Basic Structure Doctrine

Judicial review is vital for constitutional supremacy.

• It allows the Supreme Court to maintain checks on legislative and executive actions.
• The Basic Structure Doctrine prevents Parliament from altering the Constitution’s fundamental framework.

Landmark Cases Related to Fundamental Rights

Several landmark cases have reinforced Fundamental Rights.

• Minerva Mills Case (1980): Strengthened the Basic Structure Doctrine.
• Shayara Bano Case (2017): Declared instant triple talaq unconstitutional.

Recent Developments

The Supreme Court addresses contemporary issues.

• It has been involved in matters such as privacy rights and electoral reforms.
• Environmental laws have also been a focus of recent judgments.

Judicial Independence

Judicial independence is a mainstay of the Constitution.

• It ensures that the judiciary operates free from executive and legislative interference.
• This independence is crucial for maintaining public trust in the legal system.

Role in Federal Structure

The Supreme Court mediates disputes between the Centre and states.

• It plays a vital role in maintaining the federal balance.
• This mediation ensures harmonious relations between different levels of government.

Future Challenges

The Supreme Court faces several challenges ahead.

• Addressing the backlog of cases is concern.
• Ensuring timely justice is essential for public confidence.
• Maintaining judicial integrity amidst scrutiny is also critical.