Topic-Indian Supreme Court in Indian polity and constitution

Introduction

On 26th January, 1950 Indian Supreme Court came into existence and it is situated on Tilak Marg, New Delhi. It is the country’s highest Judicial court. The Supreme Court is headed by the Chief Justice of the Supreme Court also called as Chief Justice of India. Decisions taken by the Supreme Court are not the subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from the decisions of lower trial courts. 

Discussion

History of supreme court in India

• In 1950, 26th of January, the Supreme Court of India first came into existence.
• On the 28th January the two days after the inauguration of the Supreme Court, the country became a Sovereign Democratic Republic. 
• After the course of inauguration on 28th, 1950, the court moved into the president building in 1958.

Composition of supreme court 

• The Supreme Court is headed by the chief justice of the court also called as Chief Justice of India.

• He is assisted by 30 other judges .

 Qualification for appointment as judge of supreme court 

• Work experience as a judge of high court for at least 5 years. 

• Worked as an advocate on High court for at least 10 yrs. 

• In the opinion of the president, he should be a distinguished Jurist. 

Every judge of the Supreme Court is appointed by the president of India in consultation with other judges of the high court along with the council of ministers. 

• A citizen of India not exceeding 65 years of age.

Powers and functions of supreme court 

• Supreme Court is the guardian of the constitution 

• Acts on original jurisdiction 

• Supreme Court is the defender of the federation of India

• Supreme Court enforces fundamental rights 

• Acts as appellate jurisdiction on Civil and criminal departments 

• It has the power to leave the appeal 

• It is the advisory jurisdiction 

• Supreme Court has the power of judicial review 

Guardian of the constitution 

• The Supreme Court has the privilege of defending the constitution against violations of its provisions committed by either the government or the people.

• It serves as the constitution’s watchtower and has the authority to interpret the text of the constitution.

Original jurisdiction 

Dispute between: 

• Government of India or two more states
• Among the government of India and other state
• Certain States on one side and other side containing one or more states
• Between two or more states

Subject matter of dispute:

• Any question of law or fact on which remains or extent of specific legal right dependants. 

Exception:

• Pre constitution treaties, agreements 
• Interstate water dispute

Appellate jurisdiction: Civil and Criminal 

• The appellate jurisdiction associated with the Supreme Court can be imposed by granting certificate by the high court through the concern of article 132(1), 133 or 134 based on constitution in condition of any defensive judgment, final order to decree of a high court in civil and criminal cases. 
• Appeals to the Supreme Court are also available in civil matters if the high court concerned certifies: that the case contains a substantial question associated with law of general importance; and that, in the high court’s opinion, the said question requires decision by the Supreme Court.

Advisory jurisdiction 

• The President may refer to the Supreme Court for opinion. 

• Question of law or fact: which has arisen or likely to arise/and grate of public importance 

• Court may after hearing report to the president 

• Judges to hear: minimum 5 

Writ jurisdiction: Article 132

• Habeas corpus 

• Mandamus

• Prohibition 

• Certiorari

• Quo warranto 

Salary 

Article 125 of the Indian constitution leaves it to the Indian parliament to determine the salary. A judge of the Supreme Court draws a salary of 250,000 INR per month. While the Chief Justice earns 280,000 per month. 

Removal

Article 124 of the constitution, the judge upon proven guilty is known is also liable for punishment per applicable laws or for contempt of the constitution by breaching the oath under disrespecting constitutions. 

Conclusion

The Supreme Court has original, appellate and advisory jurisdiction. This can be invoked by a certificate granted by the high court concerned under 132(1), 133(1) or 134 act of the constitution in respect of any judgment, decree or final order of a high court in criminal and civil cases. The Supreme Court enjoys the privilege of protecting the constitution against violence either by government or by people.