Supreme Court of India, Function, History and Highlights

Supreme Court of India: Being the supreme court in the land, the Supreme Court of India enjoys a distinguished position. It is essential to the Indian judicial system because it is the final court of appeal. Its importance in the polity and governance areas of the UPSC exam cannot be overstated. The Supreme Court of India recently celebrated its 73rd anniversary since its establishment. Sundaresh Menon, the Chief Justice of Singapore of Indian origin, was the chief guest at the event. The Supreme Court of India is the focus of this article’s thorough informational efforts.

Supreme Court of India

• The Indian Constitution establishes an integrated judicial system, with the Supreme Court at the top and High Courts below it.
• Under the High Court, there is a hierarchy of subordinate courts.
• The Supreme Court enforces both central and state laws.
• This unified court system was adopted from the Government of India Act of 1935.
• The Supreme Court replaced the British Privy Council as the highest court of appeal.
• Articles 124 to 147 in Part V of the Indian Constitution deal with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court.
• The Parliament has the authority to regulate the court.
• Initially, the Supreme Court had eight judges (one Chief Justice and seven others), but the number of judges has increased over time.
• Currently, the Supreme Court consists of 34 judges (one Chief Justice and 33 others).
• To be appointed as a Judge of the Supreme Court, a person must be an Indian citizen and meet specific qualifications regarding judicial or legal experience.
• Every appointed judge of the Supreme Court takes an oath to uphold the Constitution and perform their duties impartially.
• There is no prescribed minimum age limit for a judge to assume office.
• A judge of the Supreme Court holds office until the age of 65, with the option to resign earlier.
• Salaries, allowances, privileges, leave, and pensions of the judges are determined by the Parliament.
• Retired Chief Justices and judges receive a monthly pension equal to 50% of their last drawn salary.
• After retirement, a judge of the Supreme Court is prohibited from practicing law or pleading before any government authority.
• Judicial appointments in the higher judiciary are made through the collegium system, where the government’s role is limited to considering names proposed by the collegium.
• The collegium, consisting of the Chief Justice of India and the four senior-most judges of the Supreme Court, decides on appointments, elevations, and transfers of judges.
• The term “Collegium” is not explicitly mentioned in the Indian Constitution but has been established through judicial pronouncements.

Supreme Court of India Background

• The Supreme Court of India was inaugurated on January 28, 1950, two days after India became a sovereign democratic republic.
• The inauguration took place in the Chamber of Princes within the Parliament building, which had previously housed the Federal Court of India for 12 years.
• The Supreme Court operated from the Parliament House until it moved to its current building in 1958.
• The building consists of three wings: Central, East, and West, with a total of 19 courtrooms.
• The Chief Justice’s Court, located in the Central Wing, is the most extensive courtroom.

Evolution of Collegium System under Supreme Court

• Under the Constitution, judges of the Supreme Court are appointed by the President, with mandatory consultation with the Chief Justice.
• The First Judges Case (1982) clarified that consultation does not imply agreement but involves an exchange of views.
• The Second Judges Case (1993) changed the meaning of consultation to consensus, making the Chief Justice’s advice binding on the President in matters of SC judge appointments.
• The Third Judges Case (1998) established that the consultation process should be based on the plurality of judges.

Supreme Court of India Functions

• Hears appeals against the verdicts of High Courts, other courts, and tribunals.
• Settles disputes between government authorities, state governments, and the central government.
• Acts in an advisory role for matters referred to it by the President.
• Takes up cases suo moto (on its own) without formal petitions.
• Declares laws that are binding on all courts in India, Union, and state governments.

Supreme Court of India Jurisdiction

What is the Supreme Court of India Collegium?

The Chief Justice consults a Collegium of the four senior-most judges before making a recommendation to the President, and if two judges have an unfavorable opinion, the proposal should not be sent to the President and the appointment should not proceed.

The collegium system ensures that the Chief Justice of India and the senior judges play a crucial role in the work and transfer of judges in the Supreme Court and High Courts.

It’s important to note that the term “Collegium” is not explicitly mentioned in the Indian Constitution. However, through various judicial pronouncements, the collegium system has been established as the mechanism for judicial appointments and transfers.

The evolution of the collegium system reflects the judiciary’s efforts to maintain its independence in the appointment process and ensure transparency and objectivity. By involving the Chief Justice and senior judges, the system aims to uphold the integrity and credibility of the judiciary.

Conclusion

The Supreme Court of India, which recently celebrated its 73rd anniversary, plays a crucial role in the Indian judicial system. With the collegium system in place for judicial appointments, the court continues to uphold the principles of independence, fairness, and constitutional integrity in its functioning.

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