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The Supreme Court of India is the highest in the country. The apex court of India gives ruling on cases sent from all over India, state high courts, etc., which then come to Supreme Court for a final decision if need be. The Supreme Court functions as a constitutional court on behalf of the nation. It has immense significance in India’s democracy. The system primarily consists of seven judges called the Chief Justice of India.
About the Supreme Court of India
The Supreme Court is headquartered at the Rashtrapati Bhavan and holds sway across India. It was established by the Constitution (Sixty-ninth Amendment) Act of 2010, which came into effect on 1 January 2011. Former CJI SH Kapadia died on 5 February 2011 and was replaced by the senior-most judge of the court, Justice CS Karnan, on 12 February 2011. The young age of judges at the Supreme Court of India is 39.
The highest court judges have life tenure, subject to their continuing good behaviour. However, they must retire at sixty-five years (65), although they can continue in office until their successors attain that age. Justices retain the right to move to any court where they regularly practise during office hours. The Supreme Court follows the Anglo-American model of judicial appointment. The court is headed by the Chief Justice of India (CJI) and assisted by the two most senior judges of the Court, called the “Judges of Appeal” and a puisne judge called the “Chief Justice’s Associate”. The President of India appoints all judges after consultation with other members of Parliament (Lok Sabha), which has to approve a list of candidates forwarded to him.
Jurisdiction of the highest court
The Supreme Court’s jurisdiction derives from Article 136 of the Constitution in conjunction with Articles 226 to 228. Article 136 empowers the apex court to be the ultimate interpreter of the fundamental rights embodied in Part III of the Constitution and any other question arising under them. It is empowered to provide an authoritative opinion on the interpretation of federal statutes and any matter enumerated in List I or List II of the Seventh Schedule. In other words, it can deal with every issue except those specifically assigned to other areas like legislation, taxation, Concurrent List etc. It can examine treaties vitiated by Indian law or international customary law. It can deal with matters relating to the government referred to by the President or other agencies and following pre-established rules.
The building block of the Supreme Court
The Supreme Court consists of
(a) Chief Justice of India – Five senior-most judges form a Collegium and decide all appointments to higher courts (Article 124(4) of the Constitution). The President appoints the Chief Justice after consultation with the Chief Justice of India, the Governor of the concerned state, and opposition leaders in both Lok Sabha and Rajya Sabha.
(b) Judges of Appeal – The CJI appoints judges from amongst those in judicial service or from the bar who have held a particular rank for at least eight years (Article 124(6)). The number of judges and the positions of a judge is elected in the same manner as for appointment to the Supreme Court. The Executive is free to make appointments from outside the court from time to time, including filling vacancies created by retirement and removing judges (Article 124(5) and 125).
(c) Chief Justice’s Associate – The CJI also appoints the CJA to assist him as his staff. The CJA is not part of the Collegium and is not subject to its control on appointment (Article 124(7)).
(d) The Collegium – Besides the CJI and Judges of Appeal, any two or more Judges from the Supreme Court form a collegium to decide on the appointment of judges to the Supreme Court, High Courts, and appointed Chief Justice of India. This has been done to ensure that no individual judge can influence decision-making (Article 124(3) and (4)).
(e) The “Supreme Court Bar Association” is the legal body that provides representation to the advocates practising before the Highest Court. There are 24 district bar associations in all, headed by a president elected by fellow bar members. The bar associations look after matters like litigation and education and disburse their members’ funds.
Conclusion
In recent times the apex court of India has been at the forefront of developments involving socio-economic, political and legal reforms. This has been an important factor in the development of India into the world’s 7th largest economy. The Supreme Court has developed a reputation for being robust and decisive in deciding issues of national importance. The Supreme Court is the highest in the country, with its decisions binding on all State and Union territories, including the Legislative Councils, Municipalities, Panchayati Raj institutions and others. It is vested with original and appellate jurisdiction in civil, criminal and writ matters.
