The Supreme Court of India is the highest court in the country. It is responsible for hearing appeals from lower courts, and for issuing rulings on important constitutional questions. In this article, we will discuss the history and composition of the Supreme Court, as well as some of its most important rulings. We will also answer some common questions about the Supreme Court of India.
A Brief Note on Supreme Court Of India
The Constitution of India gives the Supreme Court several important functions.
- Firstly, it is the final court of appeal for all civil and criminal cases.
- Secondly, it has original jurisdiction over a small number of disputes between states or between the central government and one or more states.
- Thirdly, it is empowered to issue advisory opinions on important constitutional questions at the request of the president of India.
- The Supreme Court also plays an important role in the appointment of judges to lower courts.
- The Supreme Court has a wide range of powers, but its most important function is to protect the rights guaranteed by the Constitution.
- In recent years, the Supreme Court has played an increasingly active role in Indian politics and has become a major check on the power of the executive branch.
- The Supreme Court has been known to strike down laws passed by Parliament and has also ordered the government to take action on a variety of issues ranging from environmental protection to the rights of marginalised groups.
- The Supreme Court’s power to review and strike down laws passed by Parliament has led to call it the “super-legislature”.
- The Supreme Court has also been criticised for its slow pace of work, and for its lack of transparency.
- The court hears an average of 50,000 cases per year, but only decides around 200 of them on an average.
- The court’s lack of transparency has led to concerns about its accountability.
History of Supreme Court Of India
The Supreme Court of India was established on 28 January 1950.
The court was first located in the Parliament House in Delhi but moved to its own building in 1961.
The current Chief Justice of the Supreme Court is N. V. Ramana.
The court has a sanctioned strength of 31 judges, including the Chief Justice.
Of these, 24 are permanent judges and the remaining are ad-hoc judges.
The court also has a number of judicial officers, who assist the judges in their work.
Composition of Supreme Court Of India
- The Supreme Court is composed of the Chief Justice and 30 other Judges.
- They are nominated by the President of India following consultation with the State of India and any other Supreme Court and High Court judges deemed essential by the President.
- Of these, not more than 16 can be from one High Court.
- A judge’s term of office lasts until he reaches a certain age of 65.
- The President of India appoints the Chief Justice, who remains in office until he reaches the age of 62.
- The Chief Justice can be removed from office by an order of the president on the grounds of proved misbehaviour or incapacity only after an impeachment process initiated by Parliament.
Importance Of Supreme Court Of India
- The Supreme Court is the final interpreter of the Constitution.
- It is the highest court of appeal in India. It hears appeals against judgments of High Courts.
- The Supreme Court also has original jurisdiction in certain cases specified in the Constitution.
- For instance, if there is a dispute between two or more States, or between the Union and one or more States, the Supreme Court has the power to settle it.
- The Supreme Court also acts as a court of record. It keeps records of all its proceedings.
- The decisions of the Supreme Court are binding on all lower courts in India.
- The Supreme Court can review any judgement given by itself. This is called ‘review jurisdiction’. The Supreme Court can also review any judgement of a High Court if it is satisfied that the case involves a question of law of general importance.
- The Supreme Court can issue various kinds of writs for the enforcement of Fundamental Rights. These are called ‘Habeas Corpus’, ‘Mandamus’, ‘Prohibition’, and ‘Certiorari’.
- The Supreme Court has the power to punish anyone for contempt of court.
- This is called the ‘contempt jurisdiction of the court. The Supreme Court also acts as an advisory body to the President of India. The President can ask for their opinion on any matter of law or fact.
- This is called the ‘advisory jurisdiction of the court.The Supreme Court has played an important role in the development of India’s legal system and in safeguarding the Fundamental Rights of citizens.
Conclusion
The Supreme Court of India is the highest court in the country. It has a history dating back to 1858, and today it hears cases from all over India. Anyone can petition the court to hear a case, and the justices have the power to overturn any law they deem unconstitutional. Students should learn about the Supreme Court of India because it is an important part of Indian history and government.