The Supreme
Court of India is the highest court of the land as established
by Part V, Chapter IV of the Constitution of India. According
to the Constitution of India, the role of the Supreme Court
is that of a federal court, guardian of the Constitution and
the highest court of appeal.
Articles 124 to 147 of the Constitution of India lay down the
composition and jurisdiction of the Supreme Court of India.
Primarily, it is an appellate court which takes up appeals against
judgments of the provincial High Courts. But it also takes writ
petitions in cases of serious human rights violations or if
a case involves a serious issue that needs immediate resolution.
The Supreme Court of India had its inaugural sitting on January
28, 1950, and since then has delivered more than 24,000 reported
judgments.
Constitution of the court
On January 28, 1950, two days after India became a sovereign
democratic republic, the Supreme Court came into being. The
inauguration took place in the Chamber of Princes in the Parliament
building. The Chamber of Princes had earlier been the seat of
the Federal Court of India for 12 years, between 1937 and 1950,
and was the seat of the Supreme Court until the Supreme Court
acquired its present premises in 1958.
After its inauguration on January 28, 1950, the Supreme Court
commenced its sittings in the Chamber of Princes in the Parliament
House. The Court moved into the present building in 1958. The
Supreme Court Bar Association is the bar of the highest court.
The current president of the SCBA is Mr. P.H. Parekh.
The Supreme Court Building
The Court moved into the present building in 1958. The building
is shaped to project the image of scales of justice with the
Central Wing of the building corresponding to the centre beam
of the Scales. In 1979, two New Wings—the East Wing and the
West Wing—were added to the complex. In all there are 15 Court
Rooms in the various wings of the building. The Chief Justice's
Court is the largest of the Courts located in the centre of
the Central Wing.
Composition
The original Constitution of India (1950) provisioned for a
Supreme Court with a Chief Justice and 7 lower-ranking Judges—leaving
it to Parliament to increase this number. In the early years,
a full bench of the Supreme Court sat together to hear the cases
presented before them. As the work of the Court increased and
cases began to accumulate, Parliament increased the number of
Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978
and 26 in 1986. As the number of the Judges has increased, they
sit in smaller Benches of two and three (referred to as a Division
Bench)—coming together in larger Benches of 5 and more only
when required (referred to as a Constitutional Bench) to do
so or to settle a difference of opinion or controversy. Any
bench may refer the case up to a larger bench if the need to
do so arises.
The Supreme Court of India comprises the Chief Justice of India
and not more than 25 other Judges appointed by the President
of India. However, the President must appoint judges in consultation
with the Supreme Court and appointments are generally made on
the basis of seniority and not political preference. Supreme
Court Judges retire upon attaining the age of 65 years. In order
to be appointed as a Judge of the Supreme Court, a person must
be a citizen of India and must have been, for at least five
years, a Judge of a High Court or of two or more such Courts
in succession, or an Advocate of a High Court or of two or more
such Courts in succession for at least 10 years, or the person
must be, in the opinion of the President, a distinguished jurist.
Provisions exist for the appointment of a Judge of a High Court
as an ad-hoc Judge of the Supreme Court and for retired Judges
of the Supreme Court or High Courts to sit and act as Judges
of that Court.
The Supreme Court has always maintained a wide regional representation.
It also has had a good share of Judges belonging to religious
and ethnic minorities. The first woman to be appointed to the
Supreme Court was Justice Fatima Beevi in 1987. She was later
followed by Justices Sujata Manohar and Ruma Pal.
Justice K. G. Balakrishnan in 2000 became the first judge from
the dalit community. In 2007 he also became the first dalit
Chief Justice of India. Justice B.P.Jeevan Reddy and Justice
A.R.Lakshmanan are the only judges to be elevated to be the
Chairman of the Law Commission of India even though they were
not the chief justice of India.
Jurisdiction
The Supreme Court has original, appellate and advisory jurisdiction.
Original jurisdiction
It has exclusive original jurisdiction over any dispute between
the Government of India and one or more States or between the
Government of India and any State or States on one side and
one or more States on the other or between two or more States,
if and insofar as the dispute involves any question (whether
of law or of fact) on which the existence or extent of a legal
right depends. In addition, Article 32 of the Constitution grants
an extensive original jurisdiction to the Supreme Court in regard
to enforcement of Fundamental Rights. It is empowered to issue
directions, orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari
to enforce them.
Appellate jurisdiction
The appellate jurisdiction of the Supreme Court can be invoked
by a certificate granted by the High Court concerned under Articles
132(1), 133(1) or 134 of the Constitution in respect of any
judgement, decree or final order of a High Court in both civil
and criminal cases, involving substantial questions of law as
to the interpretation of the Constitution. The Supreme Court
can also grant special leave to appeal from a judgement or order
of any non-military Indian court. Parliament has the power to
enlarge the appellate jurisdiction of the Supreme Court and
has exercised this power in case of criminal appeals by enacting
the Supreme Court (Enlargement of Criminal Appellate Jurisdiction)
Act, 1970.
Appeals also lie to the Supreme Court in civil matters if the
High Court concerned certifies : (a) that the case involves
a substantial question of law of general importance, and (b)
that, in the opinion of the High Court, the said question needs
to be decided by the Supreme Court. In criminal cases, an appeal
lies to the Supreme Court if the High Court (a) has on appeal
reversed an order of acquittal of an accused person and sentenced
him to death or to imprisonment for life or for a period of
not less than 10 years, or (b) has withdrawn for trial before
itself any case from any Court subordinate to its authority
and has in such trial convicted the accused and sentenced him
to death or to imprisonment for life or for a period of not
less than 10 years, or (c) certified that the case is a fit
one for appeal to the Supreme Court. Parliament is authorised
to confer on the Supreme Court any further powers to entertain
and hear appeals from any judgement, final order or sentence
in a criminal proceeding of a High Court.
Advisory jurisdiction
The Supreme Court has special advisory jurisdiction in matters
which may specifically be referred to it by the President of
India under Article 143 of the Constitution.
Judicial
independence
The Constitution seeks to ensure the independence of Supreme
Court Judges in various ways. Judges are generally appointed
on the basis of seniority and not on political preference. A
Judge of the Supreme Court cannot be removed from office except
by an order of the President passed after an address in each
House of Parliament supported by a majority of the total membership
of that House and by a majority of not less than two-thirds
of members present and voting, and presented to the President
in the same Session for such removal on the ground of proved
misbehaviour or incapacity. The salary and allowances of a judge
of the Supreme Court cannot be reduced after appointment. A
person who has been a Judge of the Supreme Court is debarred
from practising in any court of law or before any other authority
in India.
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