Introduction
The Federal Court of India was established under the Government of India Act, 1935. With the adoption of the Indian Constitution on 28th January 1950, the Federal Court was replaced by the Supreme Court of India. The Supreme Court plays a crucial role in the constitutional framework as:
- The highest interpreter of the Constitution.
- A federal tribunal to settle disputes between the union and states.
The Supreme Court, conceptualized by an ad hoc committee consisting of B.N. Rao, K.M. Munshi, M.L. Mitter, Vardacharian, and Alladi Krishnaswamy Ayer, was envisioned as a guardian of the Constitution and an arm of social justice.
Under Article 32, the Supreme Court is the protector of fundamental rights, ensuring they are safeguarded against any infringements by either the Union or State governments. Additionally, it serves:
- Federal jurisdiction for inter-state disputes.
- Advisory jurisdiction, providing legal advice to the President.
The Court supervises the entire judicial system to ensure uniformity in law.
Appointment of Judges
Appointment
The judges of the Supreme Court are appointed by the President of India:
- The Chief Justice is appointed in consultation with other judges of the Supreme Court and High Courts.
- Other judges are appointed after consultation with the Chief Justice of India.
The President acts upon the advice of the Council of Ministers while exercising this formal power.
Tenure
Unlike the USA, where judges serve for life, the Indian Constitution limits their service to the age of 65 years under Article 124(2).
Qualifications
To qualify as a Supreme Court judge, one must:
- Be a citizen of India.
- Have served as a High Court judge for five years or as an advocate for ten years.
- Be deemed a distinguished jurist by the President.
Judges can resign by writing to the President. Removal is possible only on grounds of misbehavior through a stringent parliamentary process requiring a two-thirds majority.
Acting Chief Justice
Under Article 126, when the Chief Justice is unable to perform duties, the President appoints another judge to act as the Chief Justice temporarily.
Seat of Supreme Court
The Supreme Court is permanently located in New Delhi, but the Chief Justice can relocate its sittings with the President's approval.
Jurisdiction of the Supreme Court
1. Original Jurisdiction
The Supreme Court has original jurisdiction in:
- Disputes between the Union and one or more states.
- Enforcement of fundamental rights.
It can issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
2. Appellate Jurisdiction
The Supreme Court is the highest appellate authority in:
- Constitutional matters.
- Civil and criminal cases.
Appeals can be made with High Court certification or by special leave of the Supreme Court. The Supreme Court (Enlargement of Jurisdiction) Act, 1970 further extended its appellate powers.
3. Advisory Jurisdiction
Under Article 143, the President can refer matters of public importance to the Supreme Court for advice. The Court's advisory opinion is not binding.
Other Provisions
- The Supreme Court is a court of record under Article 129 and can punish for contempt of court.
- It can depart from its earlier decisions if convinced of errors.
- Its decisions are enforceable throughout India.
- The Court has the authority to frame rules to regulate its procedures.
- It supervises the election of the President and Vice-President and can recommend the removal of Union Public Service Commission members.
Independence of the Judiciary
The Constitution ensures judicial independence through:
- Consultative appointments involving the Chief Justice.
- Fixed tenure and high retirement age.
- Financial security, with salaries charged to the Consolidated Fund of India.
- Prohibition on post-retirement practice in courts.
- Immunity from legislative criticism except during removal proceedings.
The State High Courts
Composition and Appointment
Each state has a High Court, which may also serve multiple states. High Court judges are appointed by the President in consultation with the Chief Justice of India and the Governor.
Jurisdiction
High Courts exercise:
- Writ jurisdiction similar to the Supreme Court but limited to their territorial scope.
- Supervisory jurisdiction over lower courts and tribunals under Article 227.
They also serve as courts of record with the power to punish for contempt.
Judicial Activism
Judicial activism emerged due to:
- Failure of the executive and legislature to act.
- Rising public grievances requiring judicial intervention.
It involves proactive judgments that advance social justice, as seen in landmark cases like Keshavananda Bharti (1973) and S.P. Gupta (1982). Judicial activism safeguards the rule of law and upholds constitutional principles.
Public Interest Litigation (PIL)
PIL allows any person to seek judicial intervention for public grievances, especially for weaker sections.
- PIL expanded access to justice through relaxed locus standi rules.
- It addresses issues like custodial violence, environmental degradation, and fundamental rights violations.
Judicial reforms through PIL have strengthened state accountability and provided a platform for social justice.
Conclusion
The judiciary's independence is critical to maintaining democracy and constitutional values. It must remain free from legislative and executive interference while performing its role with impartiality and integrity.