All You Need To Know About Supreme Court Of India

The Indian Constitution designates the Supreme Court of India as the last resort court of appeal and the country's highest judicial body. It is also the highest constitutional court with the authority to conduct judicial reviews. 

•    The Supreme Court of Calcutta was established as a Court of Record with full jurisdiction and authority with the enactment of the Regulating Act of 1773. It was established to entertain, hear, and decide on all criminal accusations as well as all cases and proceedings in Bengal, Bihar, and Orissa.

 

•    In 1800 and 1823, respectively, King George III founded the Supreme Courts of Madras and Bombay.

 

•    The Supreme Courts in Calcutta, Madras, and Bombay, as well as the Sadar Adalats in Presidency towns, were abolished by the India High Courts Act of 1861, which also established High Courts in several provinces.

 

•    These High Courts held the distinction of being the highest courts in all cases prior to the establishment of the Federal Court of India under the 1935 Government of India Act.

 

•    The Federal Court was entrusted with handling appeals from decisions made by the High Court as well as resolving disputes between provinces and federal states.

 

•    After India acquired independence in 1947, the Constitution of India was adopted on January 26, 1950. Also created was the Supreme Court of India, which convened for the first time on January 28, 1950.  

•    The Indian constitution allows for a Supreme Court provision (The Union Judiciary) under Part V (The Union) and Chapter 6. Its Articles 124 to 147 cover the structure, impartiality, authority, functions, and procedures of the Supreme Court.

 

•    According to Article 124(1) of the Indian Constitution, the Supreme Court of India must have a Chief Justice of India (CJI) and a maximum of seven additional justices unless Parliament specifies a higher number through a statute.

 

•    Original jurisdiction, appellate jurisdiction, and advisory jurisdiction are the three divisions of the Supreme Court of India's jurisdiction. It also possesses a variety of powers.

 

•    All courts with jurisdiction over India must follow the Supreme Court's ruling.

 

•    It has the power of judicial review, which enables it to invalidate legislative and executive actions that transgress the Constitution's provisions and framework, the Union's and the States' power relations, or the fundamental rights it protects.

 

•    There are now 34 judges on the Supreme Court, including the CJI. It had eight judges when it was founded in 1950, including the Chief Justice of India.

 

•    The Parliament may control them by law.

 

•    The Constitution names Delhi as the location of the Supreme Court. Additionally, it gives the Chief Justice the authority to choose a different place or locations as the Supreme Court's home.

 

•    He/she may only make a decision in this regard with the President's consent. This provision is only optional; it is not required. The President and the Chief Justice cannot be ordered by a court to select an alternative location for the Supreme Court's seat.

 

•    The Supreme Court may make rules governing general practice and procedure with the approval of the President.

 

•    Constitutional cases or references made by the President under Article 143 are decided by a bench of at least five judges. In all other cases, a decision is often reached by a bench of at least three judges.

 

•    The judgments are announced in open court. Judges can express opposing judgments or opinions if they disagree, but all rulings must be approved by a majority of the judges present.

 

•    The Supreme Court is the highest court of appeal and the defender of constitutional rights and individual liberties.

 

•    Therefore, in order for it to properly carry out the duties assigned to it, it needs to have autonomy. It should be free from encroachments, pressures, and meddling from the legislative (Parliament) and executive (council of ministers). It ought to have the freedom to do its tasks without fear or favor.

 

•    The Constitution provides the following clauses to defend and ensure the impartiality and independence of the Supreme Court:

1.    Security of Tenure

2.    Standardized terms of service

3.    Charges made against the consolidated fund

4.    Judges' behavior is not subject to discussion.

5.    After retirement, practice is prohibited

6.    The ability to punish for its disdain

7.    Freedom to choose its own employees

8.    Its authority cannot be limited.

9.    Separation from executive authority and jurisdiction

 

The following categories apply to the Supreme Court's authority and jurisdiction:

•    Disputes between the Union and the states, the Government of India and the Government of States, or between two or more states may be included in the solely federal activities.

 

•    Since the Supreme Court is the only court with original jurisdiction over these claims, no other court may hear them.

 

•    A private entity bringing a lawsuit against the government is not acceptable.

 

•    A person may request the Supreme Court to issue writs under Article 32 if they believe their fundamental rights have been violated. But only if a person's fundamental rights are violated does this apply.

 

The Supreme Court is an appeals court. The Supreme Court will hear appeals from people who disagree with decisions made by the lower or higher courts. In three different categories of situations, an appeal may be taken to the Supreme Court.

 

•    Cases affecting constitutional interpretation.

 

•    Regardless of any constitutional issues, civil cases.

 

•    Regardless of any constitutional issues, criminal cases.

 

•    By Special Leave of Appeal

 

When a matter of justice is at stake, the Supreme Court may occasionally intervene in court decisions made by the High Court or other tribunals. The Supreme Court is granted this residual authority pursuant to Article 136.

•    The President may occasionally ask the Supreme Court for its opinion on a problem. According to Article 143, the president may believe that the case includes crucial legal issues or matters of public importance and that it is therefore necessary to ask the Supreme Court for its judgment.

•    The Supreme Court always records its proceedings, which take the shape of case law. All Indian courts are required to abide by such rulings.

 

•    It makes reference to the Chief Justice's power to organize benches to hear cases.

 

•    A discussion about the Chief Justice's undisputed authority over judicial administration has arisen in the Supreme Court.

 

•    The Chief Justice of India or the Chief Justice of any high court is in charge of the administrative aspect. This also holds true for how cases are assigned to judges.

 

•    No Judge can therefore take the matter on his own until the Chief Justice of India assigns it to him.

 

In the area of legal and judicial jurisprudence, the Supreme Court of India has established a solid reputation for itself. The Court is a tribute to the writers of the Constitution. According to the customary tolerance of the populace, the Court has never been indifferent to minorities or damaging to their rights, but has instead always been active in defending them. The court has functioned wonderfully, and Indians have every right to claim that the institution's independence is sufficient evidence of the nation's democratic success.