Supreme Court of India: Indian Polity UPSC

Supreme Court of India

The highest judicial court in India is the Supreme Court, serving as the ultimate court of appeal in the country. It holds significant importance in the UPSC exam’s polity and governance sections. This article provides comprehensive information about the Supreme Court of India for the IAS exam.

Recent Developments concerning the Indian Supreme Court:

• On November 9, 2022, Justice D.Y. Chandrachud is scheduled to be sworn in as the 50th Chief Justice of India.
• On February 15, 2021, Justice PB Sawant, a former Supreme Court Judge, passed away.
• The Supreme Court is currently reviewing a petition related to the Social Media Firm Facebook and its Messaging Application WhatsApp. This pertains to their terms of service and privacy policy, which were set to be implemented on February 8th, 2021.
• On February 13, 2021, the Supreme Court issued a statement while rejecting a review petition concerning the anti-citizenship law protests that took place in Delhi’s Shaheen Bagh in 2019. The statement emphasized that the Right to Protest cannot be exercised at any time and everywhere.

Supreme Court History:

The historical trajectory of the Supreme Court of India traces its roots to the establishment of the Federal Court of India under the Government of India Act in 1935. Tasked with adjudicating disputes between provinces and federal states, as well as hearing appeals against high court judgments, the Federal Court played a crucial role in the pre-independence legal framework.

Post-independence in January 1950, the Federal Court and the Judicial Committee of the Privy Council were replaced by the Supreme Court of India, in accordance with the provisions of the newly adopted Constitution of 1950. The initial composition envisioned one Chief Justice and 7 puisne Judges. Over time, the Parliament has increased the number of Supreme Court judges, and currently, there are 34 judges, inclusive of the Chief Justice of India (CJI).

Supreme Court Functions:

The Supreme Court of India performs multifaceted functions, including:

1. Adjudication of Appeals: It serves as the highest appellate authority, entertaining appeals against verdicts of the High Courts, other courts, and tribunals.
2. Dispute Resolution: The Supreme Court plays a pivotal role in settling disputes between various government authorities, state governments, and conflicts between the central government and state governments.
3. Advisory Role: In its advisory capacity, the Supreme Court provides guidance on matters referred to it by the President.
4. Suo Moto Jurisdiction: The Supreme Court can also take up cases on its own initiative (suo moto) without a formal plea from any party involved.
5. Binding Legal Pronouncements: The laws declared by the Supreme Court are binding on all courts in India, as well as on the Union and state governments.

Supreme Court Jurisdiction:

The jurisdiction of the Supreme Court encompasses three main types:

1. Original Jurisdiction: Detailed in specific articles, the Supreme Court exercises original jurisdiction in certain matters, dealing directly with disputes between the Union and states or between states.
2. Advisory Jurisdiction: The Supreme Court acts in an advisory capacity, offering opinions to the President on matters of public importance or legal interpretation.
3. Appellate Jurisdiction: As the highest appellate court, the Supreme Court reviews decisions from lower courts, providing a final and binding resolution to legal disputes.

Supreme Court Composition:

The Supreme Court of India comprises a total of 34 judges, including the Chief Justice of India (CJI). These judges form benches of 2 or 3 (referred to as a Division Bench) or 5 or more (known as a Constitutional Bench) when fundamental questions of law are under consideration. For a detailed understanding of the Indian Judiciary, one can refer to the linked article.

Procedure of the Supreme Court:

The Supreme Court is empowered to consult the President to regulate its practice and procedure. Constitutional cases are typically decided by a bench of five judges, while other cases are adjudicated by a bench of at least three judges.

Seat of the Supreme Court:

As per the Constitution, Delhi is designated as the seat of the Supreme Court of India. However, the Chief Justice of India has discretionary power to assign another place as the seat of the Supreme Court, though this provision is optional and not mandatory.

SC Judge Eligibility:

According to Article 124, an Indian citizen below 65 years of age is eligible for appointment as a Supreme Court judge if they meet one of the following criteria:

• Having been a judge of one or more High Courts for a minimum of 5 years.
• Having been an advocate in one or more High Courts for at least 10 years.
• Being, in the opinion of the President, a distinguished jurist.

Independence of Judiciary:

The Constitution includes provisions to safeguard the independence of the judiciary:

• Security of Tenure: Judges of the Supreme Court have security of tenure until the age of 65 and can only be removed by a presidential order on grounds of proven misbehavior and/or incapacity, requiring a Special Majority as per Article 368.
• Salaries and Allowances: Judges enjoy secure salaries and allowances, which cannot be decreased except in the case of a financial emergency.
• Powers and Jurisdiction: The Supreme Court’s powers and jurisdiction can only be expanded by Parliament and not curtailed. The conduct of any judge in the discharge of duties cannot be discussed in the legislature.
• Contempt Powers: The Supreme Court has the authority to punish for contempt of court, as per Article 129.

• Separation of Judiciary from the Executive: A Directive Principle of State Policy emphasizes the separation of the judiciary from the executive in public services, with Article 50 calling for a separate judicial service free from executive control.

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