INTRODUCTION
The Supreme Court of India is the apex court of the Indian judicial system and the highest court of appeal in the country. It was established on 28th January 1950, and it replaced the Privy Council as the final court of appeal in India. The Supreme Court is located in New Delhi and is headed by the Chief Justice of India.
The Supreme Court has original, appellate, and advisory jurisdiction. Its original jurisdiction extends to disputes between the Government of India and one or more States, and disputes between States themselves. Its appellate jurisdiction extends to appeals from lower courts and tribunals across the country. The Supreme Court also has advisory jurisdiction and can provide its opinion on legal matters referred to it by the President of India or the Governor of any State.
The Supreme Court plays a crucial role in the Indian judicial system, and its decisions have far-reaching consequences. The Supreme Court is also responsible for interpreting the Indian Constitution and safeguarding the fundamental rights of citizens. It has the power to strike down any law or government action that violates the Constitution.
While the Supreme Court is the highest court in the country, it is not the only court in India. The Indian judicial system has a three-tier structure, with lower courts at the district and subordinate levels, high courts in each state, and the Supreme Court at the national level. Each state in India also has its own high court, which is the highest court in that state's jurisdiction.
COMPOSITION
- The composition of the Supreme Court of India is governed by the Constitution of India, which provides for a Chief Justice of India (CJI) and such number of judges as determined by Parliament from time to time. The current strength of the Supreme Court is 34 judges, including the CJI as per the Supreme Court (Number of Judges) Act, 1956.
- The appointment of judges to the Supreme Court is done by the President of India, in consultation with the CJI and other senior judges of the Supreme Court and high courts. The Constitution provides that a person shall be qualified to be appointed as a judge of the Supreme Court if he/she:
- Is a citizen of India
- Has been a judge of a high court for at least five years, or has been an advocate of a high court for at least ten years, or is a distinguished jurist in the opinion of the President
- Is not more than 65 years of age
- The judges of the Supreme Court hold office until they attain the age of 65 years, unless they resign or are removed earlier. The Constitution also provides for the appointment of ad-hoc judges, who are appointed to the Supreme Court for a specific period of time to dispose of a particular case or cases.
- The Chief Justice of India is the head of the Supreme Court and is responsible for the overall administration of the court. In addition to hearing cases, the CJI also has the power to assign cases to other judges of the Supreme Court. The senior-most judge of the Supreme Court, after the CJI, is known as the "Chief Justice of India, in waiting" and is appointed to act as the CJI in the latter's absence.
- The Supreme Court also has the power to constitute benches of varying sizes to hear cases. A bench of two judges is known as a "division bench," while a bench of three or more judges is known as a "constitution bench." The composition of a bench is decided by the CJI or by a senior judge nominated by the CJI.
- In summary, the Supreme Court of India is composed of a Chief Justice of India and such number of judges as determined by Parliament. The judges are appointed by the President of India in consultation with the CJI and other senior judges, and they hold office until the age of 65 years. The CJI is the head of the court and is responsible for its overall administration, while the composition of benches is decided by the CJI or a senior judge nominated by the CJI.
FUNCTIONS AND ROLE
The Supreme Court of India is the highest court in the Indian judicial system and plays a crucial role in the functioning of the Indian democracy. Some of the key functions and roles of the Supreme Court are:
- CONSTITUTIONAL INTERPRETATION : One of the most important functions of the Supreme Court is to interpret the Indian Constitution. The Constitution is the supreme law of the land, and the Supreme Court's role in interpreting it is crucial for the functioning of the Indian democracy. The Supreme Court has the power to interpret the Constitution in cases that come before it, and its decisions have far-reaching consequences for the entire country. The Court's interpretations of the Constitution have helped to shape Indian democracy and have been instrumental in protecting the rights of Indian citizens.
- APPELLATE JURISDICTION : The Supreme Court is the highest court of appeal in India and has appellate jurisdiction over all civil and criminal cases. The Court has the power to hear appeals against the judgments of lower courts and tribunals across the country. The Supreme Court can hear appeals against any judgment, decree or final order of a high court, and it can also hear appeals against decisions of tribunals that have been given the status of courts. The Court's appellate jurisdiction ensures that there is consistency and uniformity in the application of law across the country.
- JUDICIAL REVIEW : The Supreme Court has the power of judicial review, which means that it can review the constitutionality of laws and government actions. This power allows the Court to strike down any law or government action that is found to be unconstitutional. The power of judicial review is a crucial check on the power of the executive and legislative branches of government, and it ensures that the government functions within the bounds of the Constitution.
- ADVISORY JURISDICTION : The Supreme Court also has an advisory jurisdiction, which means that it can give its opinion on legal matters referred to it by the President of India or the Governor of any state. This advisory jurisdiction is not binding on the government, but it is considered to be highly influential. The Supreme Court's advisory opinions have been sought on a wide range of issues, including the interpretation of the Constitution and the powers of the President.
- PROTECTION OF FUNDAMENTAL RIGHTS : The Supreme Court has a crucial role in protecting the fundamental rights of Indian citizens. The Constitution guarantees certain fundamental rights, such as the right to equality, the right to freedom of speech and expression, and the right to life and personal liberty. The Supreme Court is responsible for interpreting these rights and ensuring that they are protected. The Court has the power to strike down any law or government action that violates these fundamental rights.
CONCLUSION
In conclusion, the Supreme Court of India is a crucial institution that plays a vital role in the functioning of Indian democracy. Its functions and roles, including constitutional interpretation, appellate jurisdiction, judicial review, advisory jurisdiction, and protection of fundamental rights, are essential for ensuring that the government functions within the bounds of the Constitution and that the fundamental rights of Indian citizens are protected. The Supreme Court's decisions have far-reaching consequences for the entire country, and its interpretations of the Constitution have helped to shape Indian democracy. The Court is one of the key pillars of the Indian democracy and a symbol of the country's commitment to upholding the rule of law.