The Hindu Editorial Analysis- 28th November 2023 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

It’s time to revamp the structure of the Supreme Court

Why in News?

The Supreme Court of India has three jurisdictions under the Constitution: original, appellate, and advisory. The Supreme Court serves as a Constitutional Court as well as a Court of Appeal. The Court sits in benches of varying sizes, as determined by the Registry on the directions of the Chief Justice of India (CJI), who is the Master of the Roster.

Supreme Court- Historical Background

• Regulating Act of 1773:
  • Supreme Court in Calcutta established as a Court of Record with full jurisdiction and authority.
  • Jurisdiction covered criminal charges and all cases in Bengal, Bihar, and Orissa.
• Expansion under King George III:
  • Supreme Courts of Madras and Bombay established in 1800 and 1823, respectively.
• India High Courts Act of 1861:
  • Established High Courts in provinces.
  • Eliminated Supreme Courts in Calcutta, Madras, and Bombay, as well as Sadar Adalats in Presidency towns.
• Role of High Courts (pre-1935):
  • Highest courts until the foundation of the Federal Court of India in 1935.
  • Adjudicated cases in different provinces.
• Federal Court of India (1935):
  • Established under the Government of India Act 1935.
  • Resolved conflicts between provinces and federal states.
  • Heard appeals from High Court decisions.
• Constitution of India (1950):
  • Enacted on January 26, 1950, post-Independence in 1947.
  • Supreme Court of India established, inaugural meeting on January 28, 1950.

Supreme Court- Constitutional Provisions

• Part V (The Union) and Chapter 6 of the Indian constitution allow for a Supreme Court provision (The Union Judiciary). It contains Articles 124 to 147 that deal with the Supreme Court's organization, independence, jurisdiction, powers, and procedures.
• Article 124(1) of the Indian constitution provides that there must be a Supreme Court of India consisting of a Chief Justice of India (CJI) and not more than seven additional judges unless Parliament by law prescribes a larger number.
• The Supreme Court of India's jurisdiction can be divided into three categories: original jurisdiction, appellate jurisdiction, and advisory jurisdiction. It also has a wide range of powers.
• The Supreme Court's decision is binding on all courts within India's jurisdiction.
• It has the authority of judicial review, which allows it to overturn legislative and executive actions that violate the Constitution's provisions and scheme, the power balance between the Union and the States, or the fundamental rights protected by the Constitution.

Organization of Supreme Court

• Currently, the Supreme Court has 34 judges including the CJI. In 1950, when it was established, it had 8 judges including the Chief Justice of India.
• They can be regulated by the Parliament through legislation.

Seat of Supreme Court

• The Supreme Court's seat is designated under the Constitution as Delhi. It also empowers the Chief Justice to appoint another location or location as the Supreme Court's seat.
• Only with the President's approval can he/she decide in this regard. This clause is merely optional, not mandatory. This means that no court has the authority to direct the President or the Chief Justice to choose a different location as the Supreme Court's seat.

Procedure of Court

• With the President's consent, the Supreme Court can issue rules that govern the court's general practice and procedure.
• A bench of at least five judges decides on constitutional cases or references brought by the President under Article 143. In all other circumstances, a bench of at least three judges is normally used to make a decision.
• The verdicts are handed down in open court. All decisions are made by a majority vote, but judges can provide opposing judgments or opinions if they disagree.

Independence of Supreme Court

• The Supreme Court is the highest court of appeal, as well as the guardian of people’s fundamental rights and the Constitution.
• As a result, its autonomy becomes critical to its ability to effectively carry out the responsibilities entrusted to it. It should be free of the executive (council of ministers) and legislative encroachments, pressures, and interferences (Parliament). It should be able to carry out its duties without fear or favor.
• To protect and guarantee the Supreme Court's independence and impartiality, the Constitution contains the following provisions:
• Mode of appointment
• Security of tenure
• Fixed service conditions
• Expenses charged on the consolidated fund
• Conduct of judges cannot be discussed
• Ban on practice after retirement
• Power to punish for its contempt
• Freedom to appoint its staff
• Its jurisdiction cannot be curtailed
• Separation from Executive

Supreme Court - Jurisdiction and Power

• The jurisdiction and powers of the Supreme Court can be classified into the following:

Original Jurisdiction

• Article 131 deals with original jurisdiction.
• The functions are purely federal that may include disputes between the Union and the states, the Government of India, and the Government of States or between two or more states.
• The original jurisdiction is exclusive which means such disputes can come only to the Supreme Court and not any other court.
• If a suit is brought against the Government by a private party it cannot be tolerated.

Writ Jurisdiction

If there is a violation of fundamental rights a person under Article 32 can ask the Supreme Court to issue writs. But this applies only if the fundamental rights of a person are infringed.

Appellate Jurisdiction

• Supreme Court is a court of appeal. When the lower or High court gives judgments the person can appeal to the supreme court against the judgment of the lower court. Appeal to the Supreme Court can be made in three types of cases.
  • Cases involving interpretation of the constitution.
  • Civil cases, irrespective of any constitutional question.
  • Criminal cases, irrespective of any constitutional question.

Appeal by special Leave

There may be some instances where the Supreme Court may interfere with the judgment of the High Court or tribunals where the question of justice is involved. Such residuary power is given to the Supreme Court under Article 136.

Advisory Jurisdiction

In some circumstances, the President may refer the matter to the Supreme Court to seek opinion. The president may consider that the matter involves important questions of law or the public interest, hence it will be appropriate to seek an opinion from the Supreme Court (Article 143).

Court of Record

All the proceedings of the Supreme Court are recorded and assume the form of case law. Such decisions are binding on all courts in India.

Supreme Court- Recent Issues

Master of Roster

• It refers to the Chief Justice's authority to form Benches to hear matters.
• In the Supreme Court, a debate has erupted regarding the Chief Justice's absolute jurisdiction over judicial administration.
• The administrative side is headed by the Chief Justice of India or the Chief Justice of any high court. This also applies to the distribution of cases before a judge.
• As a result, unless the Chief Justice of India assigns it to him, no Judge can take up the case on his own.

Conclusion

The Supreme Court of India has built a reputation for itself and is well-known in the field of legal and judicial jurisprudence. The Court is an homage to the Constitution's framers. In keeping with the people's customary tolerance, the Court has never been inattentive or harmful to minorities and their rights, but has always been alive and protecting them. The judiciary has performed admirably, and the people of India can rightfully assert that the judiciary's independence is adequate proof of the country's democratic achievement.