Supreme Court of India: 75 years journey

The Supreme Court of India, established on January 28, 1950, has completed 75 years of its existence, marking a significant milestone in the country’s judicial history. Over the years, the Supreme Court has played a crucial role in shaping India’s legal and constitutional landscape. Read here to learn more.

The Prime Minister unveiled a stamp and coin commemorating 75 years of the establishment of the Supreme Court on August 31, 2024.

The President unveiled the new flag and insignia of the Supreme Court to mark the 75th year. The flag features the Ashoka Chakra, the Supreme Court building and the book of the Constitution of India.

Here are some key highlights and reflections on the 75-year journey of the Supreme Court.

History of the Supreme Court

The Supreme Court of India, the highest judicial authority in the country, has a rich history that dates back to the pre-independence era.

Pre-Independence Period

• Federal Court of India (1937-1950): Before the Supreme Court was established, India had the Federal Court, created under the Government of India Act of 1935. The Federal Court functioned from 1937 to 1950, handling disputes between provinces and hearing appeals from lower courts.

Post-Independence Formation

• Constitutional Establishment (1950): The Supreme Court of India was established on January 28, 1950, two days after the Constitution of India came into effect.
• The Court was created to serve as the apex judicial body, replacing the Federal Court and the Judicial Committee of the Privy Council in London, the final court of appeal during British rule.
• First Proceedings: The Supreme Court held its inaugural session in the Chamber of Princes in the Parliament building, before moving to its current premises on Tilak Marg in New Delhi in 1958.
• Back then, the sanctioned strength of the Court was just eight. Six judges were present in the Court’s inaugural session on 28 January 1950: Chief Justice Harilal Kania, and Justices S. Fazl Ali, Patanjali Shastri, Mehr Chand Mahajan, B.K. Mukherjea, and S.R. Das. Justice N.C. Aiyar was appointed in September 1950. A year later, Justice Vivian Bose came on board to complete the original roster of eight.
• Considering the workload, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956; 14 in 1960; 18 in 1978; 26 in 1986; 31 in 2009 and 34 in 2019 (current strength).

Read: History of Indian Judiciary

The 75-year Journey of the Supreme Court

Constitutional Guardian:

• Role as the Custodian of the Constitution: The Supreme Court has been the ultimate interpreter and guardian of the Indian Constitution. Landmark judgments like Kesavananda Bharati vs. State of Kerala (1973), which established the Basic Structure Doctrine, affirm the Court’s commitment to preserving the Constitution’s core values.
• Judicial Review: The power of judicial review, exercised by the Supreme Court, ensures that any law or executive action inconsistent with the Constitution can be struck down, thus maintaining the rule of law and constitutional supremacy.

Landmark Judgments:

• Kesavananda Bharati Case (1973): The Court ruled that while Parliament has wide powers to amend the Constitution, it cannot alter its “basic structure.” This judgment has been pivotal in preserving democratic governance.
• S. R. Bommai vs. Union of India (1994): This case defined the limitations on the use of Article 356 (President’s Rule) and reinforced the federal structure of the Indian polity.
• Vishakha vs. State of Rajasthan (1997): The Court laid down guidelines to prevent sexual harassment of women in the workplace, leading to the enactment of specific legislation on the issue.
• Right to Privacy (2017): In Justice K.S. Puttaswamy vs. Union of India, the Court declared the right to privacy as a fundamental right under the Indian Constitution.

Evolution of Jurisprudence:

• The Supreme Court has contributed to the evolution of Indian jurisprudence, particularly in areas like human rights, gender justice, environmental protection, and social justice. Its progressive interpretation of fundamental rights has expanded the scope of civil liberties in India.
• Public Interest Litigation (PIL): The Court pioneered the concept of PIL, allowing greater access to justice for the marginalized and ensuring that the judiciary addresses broader societal concerns.

Important points related to the Supreme Court

The Supreme Court of India is the apex judicial body under the Constitution of India.

• Constitutional Framework: Articles 124 to 147 of Part V of the Indian Constitution outline the organisation, independence, jurisdiction, powers, and procedures of the Supreme Court. Parliament has the authority to regulate these provisions.

Appointment Process:

• Chief Justice of India: Appointed by the President after consulting with selected judges from the Supreme Court and High Courts.
• Other Judges: Appointed by the President after consulting the Chief Justice of India and additional judges from both Supreme and High Courts.
• Consultation Requirement: The Chief Justice of India must be consulted for the appointment of any judge other than the Chief Justice.

Eligibility Criteria:

To be appointed as a judge of the Supreme Court:

1. A person must be a citizen of India and;
2. Must have been, for at least five years, a judge of a High Court or two or more such Courts in succession, or;
3. An advocate of a High Court or two or more such courts in succession for at least 10 years or;
4. He must be, in the opinion of the President, a distinguished jurist.

Provisions exist for the appointment of a judge of a High Court as an Ad-hoc Judge of the Supreme Court and for retired judges of the Supreme Court or High Courts to sit and act as judges of that Court.

Removal of Judges: A Supreme Court judge can be removed by the President following an address by Parliament, supported by a two-thirds majority of members present and voting, on grounds of proven misbehaviour or incapacity.

Language and Regulation:

• Language: Proceedings are conducted in English.
• Rules: The Supreme Court Rules, 1966, and 2013, under Article 145, govern its practice and procedure.

Independence of the Supreme Court

The Constitution seeks to ensure the independence of Supreme Court Judges in various ways.

• A judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity.
• A person who has been a judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.
• Supreme Court Rules, 1966 and Supreme Court Rules 2013 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.
• Judges’ salaries and benefits are set by Parliament and charged on the Consolidated Fund, ensuring financial stability and independence.
• Judges’ conduct cannot be discussed by Parliament or State Legislatures, except in impeachment proceedings (Article 121).
• The Court can punish contempt to maintain its authority (Article 129).
• The Chief Justice of India appoints staff and determines their service conditions without executive interference.
• Parliament cannot reduce the Supreme Court’s jurisdiction but can extend it.
• Article 50 mandates the separation of the judiciary from the executive, ensuring no executive influence in judicial matters.

Significance of the Supreme Court

• Ensures the Constitution’s supremacy and protects Fundamental Rights through writs under Article 32.
• Acts as the final arbiter of legal disputes and ensures just application of laws through judicial review.
• Promotes social justice, protects marginalised communities, and upholds human rights.
• Serves as a check on the executive branch, ensuring actions are legally within limits.

Challenges and Controversies

• Judicial Activism vs. Overreach: The Supreme Court has often been praised for its activism, but there have also been concerns about judicial overreach, where the Court is perceived to have encroached upon the domains of the executive and legislature.
• Transparency and Accountability: The judiciary has faced criticism regarding the transparency of the collegium system for the appointment of judges. Efforts to reform and bring greater transparency to the process have been ongoing.

Way Forward

• Digitization and Access to Justice: The Supreme Court has embraced digitization, especially during the COVID-19 pandemic, to ensure that justice delivery is not hindered. The introduction of e-courts and virtual hearings has been a significant step towards making justice more accessible.
• Judicial Reforms: As the Supreme Court looks to the future, there is a continuous need for judicial reforms to address issues like the backlog of cases, delays in justice delivery, and improving the efficiency of the legal system.

Conclusion

The 75 years of the Supreme Court of India represent a journey of upholding democracy, protecting fundamental rights, and ensuring justice for all. As it moves forward, the Court’s role in adapting to changing societal needs while adhering to constitutional principles will continue to be crucial for India’s democracy.

Frequently Asked Questions (FAQs)

Q. What is the tenure of Supreme Court judges?

Ans: The Constitution does not have any fixed tenure for a judge of the Supreme Court. However, it makes the following provisions in this regard: – He holds the office until he attains the age of 65 years. Question regarding his age is to be determined by such authority and in such manner as provided by Parliament.

Q. Has India had a female Chief Justice?

Ans: On 5 August 1991 – nearly 130 years since the first high court was established in India – Leila Seth became the first female Chief Justice, serving at Himachal Pradesh High Court. Leila Seth was a pioneer who made it possible for many other Indian women to pursue careers in law.

Related articles:

• Judicial Infrastructure in India
• Indianisation of Judiciary
• Women in Judiciary
• High courts in India
• The writs
• The judiciary

-Article by Swathi Satish