Supreme Court

The Supreme Court of India is the country’s highest judicial court. It is the final court of
appeal in the country.
Supreme Court History
 The Federal Court of India was created as per the Government of India Act 1935.
 This court settled disputes between provinces and federal states and heard
appeals against judgements of the high courts.
 After independence, the Federal Court and the Judicial Committee of the Privy
Council were replaced by the Supreme Court of India, which came into being in
January 1950.
 The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and
7 puisne Judges.
 The number of SC judges was increased by the Parliament and currently, there
are 34 judges including the Chief Justice of India (CJI). 
Supreme Court of India – Functions
 It takes up appeals against the verdicts of the High Courts, other courts and
tribunals.
 It settles disputes between various government authorities, between state
governments, and between the centre and any state government.
 It also hears matters which the President refers to it, in its advisory role.
 The SC can also take up cases suo moto (on its own).
 The law that SC declares is binding on all the courts in India and on the Union as
well as the state governments.
Supreme Court Composition
 Including the CJI, there are 34 judges in the Supreme Court.
 The judges sit in benches of 2 or 3 (called a Division Bench) or in benches of 5 or
more (called a Constitutional Bench) when there are matters of fundamental
questions of the law is to be decided.
The Procedure of the Supreme Court of India
The Supreme Court of India has powers to consult the President to regulate the practice
and procedure of the Court.
The Constitutional Cases are usually decided by a bench consisting of five judges
whereas other cases are decided by a bench of at least three judges.
The seat of Supreme Court
As per the Constitution of India, Delhi is declared as the seat of the Supreme Court of
India. However, the Chief Justice of India has the power to assign another place (s) as
the seat of the Supreme Court. This is only an optional provision and not mandatory.
SC Judge Eligibility
As per Article 124, an Indian citizen who is below 65 years of age is eligible to be
recommended for appointment as a judge of the SC if:
1. he/she has been a judge of one or more High Courts, for at least 5 years, or
2. he/she has been an advocate in one or more High Courts for at least 10 years, or
3. he/she is in the opinion of the President, a distinguished jurist.
The jurisdiction and powers of the Supreme Court can be classified into the
following:
1. Original Jurisdiction.
2. Writ Jurisdiction.
3. Appellate Jurisdiction.
4. Advisory Jurisdiction.
5. A Court of Record.
6. Power of Judicial Review.
7. Constitutional Interpretation.
8. Other Powers.
Original Jurisdiction
The Supreme Court, as a federal court, hears cases involving the Indian Federation's
various components. To put it another way, any disagreement:
1. between the Centre and one or more states;
2. between the Centre and any state or states on one side and one or more other
states on the other; or
3. between two or more states, are heard by the Supreme Court.
 The Supreme Court has exclusive original jurisdiction over the
aforementioned federal matters.
  Exclusive indicates that no other court has the authority to settle such conflicts
and original means that the power to hear such disputes in the first instance,
rather than on appeal.
 Furthermore, the Supreme Court's original jurisdiction does not include the
following:
1. Any pre-Constitutional treaty, agreement, covenant, engagement, or other similar
instruments that give rise to a dispute.
2. A dispute resulting from a treaty, agreement, or other agreement that expressly
states that the jurisdiction does not extend to such a matter.
3. Water issues between states.
4. Referrals to the Finance Commission.
5. The Centre and the states must adjust some expenses and pensions.
6. A regular commercial conflict between the Centre and the states.
7. A state's claim for damages against the Centre.
Writ Jurisdiction
 The Supreme Court has the authority to grant writs such as habeas corpus,
mandamus, prohibition, quo-warranto, and certiorari to vindicate an
aggrieved citizen's fundamental rights.
 In this aspect, the Supreme Court possesses original jurisdiction, which
means that an aggrieved person can file a complaint with the Supreme Court
without having to go through the appeals process.
 The Supreme Court's writ jurisdiction, however, is not exclusive. The High
Courts also have the authority to issue writs to enforce the Fundamental Rights.
 There is also a distinction between the Supreme Court's and the High Court's writ
jurisdiction.
 The Supreme Court can only issue writs to enforce the Fundamental Rights
and not for any other reason.
 The High court, on the other hand, can issue writs for a variety of reasons,
including the enforcement of basic rights. It signifies that the High Court's writ
jurisdiction is broader than the Supreme Court's.
  The Supreme Court, on the other hand, can be given the power to issue writs for
other reasons by Parliament.
Appellate Jurisdiction
The Supreme Court is largely an appellate court that reviews appeals from lower court
decisions. It has a broad appellate jurisdiction that can be divided into four categories:
Appeals in constitutional matters
 In constitutional cases, an appeal to the Supreme Court can be taken against a
high court's decision if the High Court certifies that the issue contains a
substantial point of law that necessitates constitutional interpretation.
 The side in the case can appeal to the Supreme Court based on the certificate,
claiming that the question was incorrectly decided.
Appeals in civil matters.
 In civil disputes, any judgment of a high court may be appealed to the Supreme
Court provided the high court certifies:
(i) that the case contains a substantial question of law of general importance; and
(ii) that the question requires the Supreme Court's decision.
Appeals in criminal matters.
The Supreme Court hears appeals from a high court's decision in a criminal case if the
high court:
          (i) reversed an order of acquittal of an accused person and sentenced him to
death on appeal; or
ii) has taken any case from any subordinate court and convicted the accused
person and sentenced him to death; or
          (iii) certifies that the case is a fit one for appeal.
Appeals by special leave.
 The Supreme Court has the authority to grant special leave to appeal from any
judgment rendered by any court or tribunal in the country (excluding military
tribunals and court-martial) at its discretion.
 The four aspects of this clause are as follows:
(i) Since it is a discretionary power, it cannot be claimed as a right.
(ii) It can be awarded in any final or interlocutory judgment.
 (iii) It might be about anything–constitutional, civil, criminal, income-tax, labor,
revenue, attorneys, and so on.
(iv) It can be granted against any court or tribunal, not just a high court (except in
the case of a military court).
Advisory Jurisdiction
 The President may seek the Supreme Court's opinion on two types of issues
under the Constitution (Article 143):
1. any question of law or fact of public importance that has arisen or is likely to
arise; and
2. On any pre-constitutional treaty, agreement, covenant, engagement, or other
similar instruments that give rise to a dispute.
 The Supreme Court may or may not submit its opinion to the President in the first
instance but is required to submit its opinion to the president in the second case.
 In both cases, the Supreme Court's ruling is just advisory rather than
binding. As a result, it is not binding on the President; he/she is free to follow or
ignore the opinion.
Court of Record
 The Supreme Court has two powers as a Court of Record:
(a) The Supreme Court's decisions, proceedings, and acts are all recorded for
future reference and testimony. When presented in court, these records are
acknowledged to be of evidential value and cannot be questioned and are
regarded as precedents and references in the law.
(b) It has the authority to penalize contempt of court. It also stated that it has
the authority to penalize for contempt not only itself, but also High Courts,
subordinate courts, and tribunals throughout the country.
 Contempt of court can be either civil or criminal.
 Wilful disobedience to a court's judgment, order, writ, or other processes, or wilful
breach of an undertaking provided to a court, is referred to as civil contempt.
 Criminal contempt is defined as the publication of any matter or the
performance of any conduct that scandalizes or undermines a court's authority;
 biases or obstructs the due course of a judicial procedure, or interferes or
obstructs the administration of justice in any other way.
Power of Judicial Review
 Judicial review is the power of the Supreme Court to consider the constitutionality
of both federal and state legislative enactments and Presidential actions.
 The Supreme Court can declare them illegal, unconstitutional, and
invalid (null and void) if they are determined to violate the Constitution (ultra-
vires). As a result, the Government is powerless to enforce them.
Constitutional Interpretation
 The Supreme Court is the last arbiter of constitutional interpretation. It has
the power to offer the ultimate word on the spirit and content of the constitution's
provisions, as well as the language employed in the document.
Other Powers
 It resolves disagreements over the election of the President and Vice-
President. It possesses the original, exclusive, and final authority in this regard.
 On the President's request, it investigates the chairman and members of the
Union Public Service Commission's conduct and behavior. If it deems them guilty
of misbehavior, it has the authority to propose their dismissal to the president.
The President is bound by the Supreme Court's recommendation in this matter.
 It has the authority to examine its own decision or order. As a result, it is not
bound by its earlier decision and may deviate from it in the interests of justice or
the welfare of society. In a nutshell, the Supreme Court is a self-correcting
institution. The Supreme Court, for example, deviated from its previous decision
in the Golak Nath case (1967) in the Kesavananda Bharati case (1973).
 It has the authority to withdraw matters from the High Courts and decide them on
its own. It can also transfer a case or appeal that is pending in one high court to
another.
 Its law is binding on all Indian courts. Its decree or order is binding all over the
country. The Supreme Court should be supported by all civil and judicial
authorities in the country.
  It has judicial supervision and control over all courts and tribunals operating
across the country's whole territory.
 The Supreme Court's authority and jurisdiction over topics on the Union list can
be expanded by Parliament.
 Furthermore, a special agreement between the Centre and the states can
expand its authority and capabilities in additional areas.
Conclusion
It can be concluded that India's Supreme Court is the country's highest judicial authority
and has a broad range of jurisdiction and substantial powers and tasks that it exercises
in the public interest. It is the guardian of an individual's fundamental rights and
interprets the Constitution's provisions via its grand vision. It ensures social and
economic justice for Indian residents and enacts laws that are undeniable and binding
on all other courts.