Supreme Court of India, History, Composition, Jurisdiction

The Supreme Court of India stands as the highest judicial authority in the country, safeguarding the Constitution and ensuring justice for all citizens. At present, it is headed by the Chief Justice of India (CJI) and comprises 33 other judges appointed by the President of India.

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Supreme Court of India

1. High Courts: The highest courts at the state/union territory level, with original, appellate, and supervisory jurisdiction. There are 25 High Courts in India.
2. District Courts: The primary courts at the district level, handling civil and criminal cases, and serving as appellate courts for lower courts.
3. Subordinate Courts: These include Magistrate Courts and Sessions Courts. They are the first level of courts where cases are initially heard.

History of Supreme Court of India

• Federal Court of India was established in 937 under the Government of India Act of 1935.
• Post-1947, the Federal Court continued to function until 1950.
• Later, the Supreme Court of India succeeded the Federal Court with the inauguration of the Constitution in 1950.

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Composition of Supreme Court of India

• Chief Justice of India (CJI): Appointed by the President of India.
• Other Judges : Appointed by the President after consultation with the Chief Justice and other senior judges.

• Supreme Court Registry: It is led by the Chief Justice with the Secretary General and manages court operations through two wings: Administration and Judicial.
• Attorney General: The Attorney General advises the government on legal matters, appears in all courts, and participates in Parliament but cannot vote.
• Supreme Court Advocates:
  • Senior Advocates : Designated by merit, can’t represent clients without an Advocate-on-Record.
  • Advocates-on-Record: Only ones who can file documents in the Supreme Court.
  • Other Advocates: Can argue cases but can't file documents.
• Amicus Curiae: Appointed to represent unrepresented parties or matters of public interest.

Qualifications of Judges of Supreme Court

• Citizenship: The candidate must be a citizen of India.
• Experience: The individual must fulfill one of the following:
  • Served as a judge of a High Court (or High Courts in succession) for at least five years.
  • Practiced as an advocate in a High Court (or multiple High Courts) for at least ten years.
  • Recognized as a distinguished jurist by the President of India.

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Constitutional Provisions of Supreme Court

Functions of Supreme Court of India

• Interpret the Constitution: The Supreme Court is the ultimate authority on interpreting the Constitution of India, ensuring that its provisions are applied correctly in all matters of law.
• Review the Law: The court reviews the constitutionality of laws and executive actions. It can strike down any law or action that violates the Constitution.
• Guardian of Fundamental Rights : The Supreme Court plays a critical role in safeguarding the fundamental rights of citizens by issuing writs like habeas corpus, mandamus, and certiorari.
• Advising President: Under Article 143, the Supreme Court can offer advisory opinions to the President of India on legal matters of national importance.
• Dispute Resolution: The Supreme Court resolves disputes between states or between the Union and the states, especially in cases that fall under its original jurisdiction.

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Powers of the Supreme Court of India

1. Original Jurisdiction : The Supreme Court has exclusive original jurisdiction to resolve disputes between the Centre and states or among states as the first instance.
2. Writ Jurisdiction: The Supreme Court can issue writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari) for the enforcement of Fundamental Rights under Articles 32 and 226. This power is original but not exclusive, as High Courts also have this power.
3. Appellate Jurisdiction : As India’s final court of appeal, the Supreme Court hears appeals in Constitutional, Civil, and Criminal matters along with the Special Leave Appeals.
4. Advisory Jurisdiction: Under Article 143, the President can seek the Supreme Court's advisory opinion on questions of law or fact of public importance and disputes arising from pre-Constitution treaties or agreements.
5. Court of Record: The Supreme Court’s judgments and proceedings are recorded to serve as legal precedents. It also has the power to punish for contempt of court.
6. Power of Judicial Review : The Supreme Court can review laws and executive actions to ensure they comply with the Constitution.
7. Other Powers: The Supreme Court has additional powers including resolving President and Vice-president election disputes, inquiring into UPSC members' conduct, reviewing its own judgments, transferring cases between High Courts, and exercising superintendence over all courts and tribunals.