Article 2: The Supreme Court of India
Why in news: The Supreme Court of India is in news due to ongoing Sabarimala-related hearings on temple entry and equality, rulings on freedom of speech (obscenity limits), and debates on judicial reforms and inclusivity, reflecting its active role in social and constitutional issues
Key Details
- The Supreme Court of India is the highest judicial authority in India
- Established on 28 January 1950
- It replaced the Federal Court of India and the Judicial Committee of the Privy Council
- Functions as the guardian of the Constitution
Constitutional Provisions
- Mentioned in Part V (Articles 124–147) of the Constitution of India
- Article 124 provides for establishment and composition
- Parliament can increase the number of judges
Composition of the Court
- Consists of:
- Chief Justice of India (CJI)
- Other judges (currently sanctioned strength: 34)
- Judges are appointed by the President of India
- Appointment follows the Collegium System
Qualifications of Judges
- A person must:
- Be a citizen of India
- Have been a High Court judge for 5 years, OR
- An advocate for 10 years, OR
- A distinguished jurist (rarely used provision)
Tenure and Removal
- Judges serve till 65 years of age
- Can resign to the President
- Removal through impeachment by Parliament on grounds of:
- Proven misbehavior
- Incapacity
Jurisdiction of the Supreme Court
a) Original Jurisdiction
- Disputes between:
- Centre and States
- States vs States
- Matters involving fundamental rights (Article 32)
b) Appellate Jurisdiction
- Appeals from:
- High Courts
- Civil, criminal, and constitutional cases
c) Advisory Jurisdiction
- Under Article 143
- President of India can seek advice on legal matters
Powers of the Supreme Court
- Judicial Review
- Can declare laws unconstitutional
- Judicial Activism
- Expands rights through interpretation
- Court of Record
- Its judgments are binding
- Can punish for contempt of court
Role as Guardian of Fundamental Rights
- Article 32 allows citizens to directly approach the Court
- Can issue writs like:
- Habeas Corpus
- Mandamus
- Certiorari
- Prohibition
- Quo Warranto
Public Interest Litigation (PIL)
- Allows any citizen to approach the Court for public welfare
- Promotes access to justice for weaker sections
- Relaxation of strict legal procedures
Independence of Judiciary
- Ensured by:
- Security of tenure
- Fixed salaries
- Removal procedure
- Separation from executive
Landmark Judgments
- Kesavananda Bharati v. State of Kerala
- Introduced Basic Structure Doctrine
- Maneka Gandhi v. Union of India
- Expanded Article 21 (Right to Life)
- Minerva Mills v. Union of India
- Strengthened judicial review
Seat and Benches
- Located in New Delhi
- Can sit in multiple benches
- Constitution allows benches elsewhere, but currently only Delhi
Importance of Supreme Court
- Protects democracy and rule of law
- Maintains federal balance
- Safeguards citizens’ rights
- Ensures constitutional supremacy
Conclusion
The Supreme Court of India stands as the guardian of the Constitution, ensuring justice, protecting fundamental rights, and maintaining the federal balance. Through judicial review and activism, it upholds the rule of law and democratic values. Its role remains crucial in safeguarding citizens’ liberties and preserving constitutional supremacy in India’s evolving political and social landscape.