The Supreme Court of India stands as the apex judicial authority, entrusted with upholding the Constitution and serving as the ultimate interpreter of law. Established on January 26, 1950, it functions as the guardian of fundamental rights and the final court of appeal. Its comprehensive jurisdiction encompasses original, appellate, and advisory capacities, ensuring the maintenance of constitutional order and the delivery of justice.

MEANING, DEFINITION & EXPLANATION

The Supreme Court of India, as delineated in Articles 124 to 147 of the Constitution, is the highest judicial forum and final court of appeal. It holds the authority to adjudicate disputes between the Union and states, among states, and issues concerning the enforcement of fundamental rights. Its decisions are binding across all courts within the Indian territory.

HISTORICAL BACKGROUND / EVOLUTION

The evolution of the Supreme Court can be traced back to the British colonial era. The Regulating Act of 1773 established the Supreme Court of Judicature at Fort William in Calcutta. Post-independence, the Federal Court of India, set up under the Government of India Act 1935, served as the apex court until the adoption of the Constitution in 1950, which led to the establishment of the present Supreme Court.

JURISDICTION OF THE SUPREME COURT

The Supreme Court’s jurisdiction is multifaceted:

• Original Jurisdiction: Under Article 131, the Court has exclusive authority to adjudicate disputes between the Government of India and one or more states, or between states.
• Appellate Jurisdiction: As per Articles 132 to 136, it hears appeals against judgments from lower courts in civil, criminal, and constitutional matters.
• Advisory Jurisdiction: Article 143 empowers the President to seek the Court’s opinion on questions of law or fact of public importance.

COMPOSITION AND APPOINTMENT OF JUDGES

The Supreme Court comprises the Chief Justice of India (CJI) and a sanctioned strength of 33 other judges. Judges are appointed by the President, following the procedure established in the Constitution, emphasizing judicial independence.

LANDMARK JUDGMENTS AND DOCTRINES

The Supreme Court has delivered several landmark judgments that have shaped Indian jurisprudence:

• Kesavananda Bharati v. State of Kerala (1973): This case established the ‘Basic Structure Doctrine’, asserting that Parliament cannot alter the fundamental framework of the Constitution. The Court held that while Parliament has wide powers to amend the Constitution, it cannot destroy its basic structure.
• Minerva Mills Ltd. v. Union of India (1980): The Court reinforced the Basic Structure Doctrine, emphasizing that social welfare laws should not infringe upon fundamental rights. It declared certain amendments made by the 42nd Amendment Act as null and void.
• S. R. Bommai v. Union of India (1994): This judgment clarified the scope of the President’s power under Article 356, emphasizing that the imposition of President’s Rule is subject to judicial review.

LEGAL MAXIMS AND PRINCIPLES APPLIED

The Supreme Court frequently employs various legal maxims to elucidate legal principles:

• Stare Decisis: This principle mandates that courts are bound by their previous decisions, ensuring consistency and predictability in law. Article 141 of the Constitution embodies this principle, stating that the law declared by the Supreme Court shall be binding on all courts within India.
• Actus Curiae Neminem Gravabit: Meaning ‘an act of the court shall prejudice no one,’ this maxim ensures that judicial errors do not harm litigants. The Supreme Court has applied this principle to rectify mistakes made by the court to prevent injustice.

PROCEDURES AND FUNCTIONING

The Supreme Court operates under a well-defined procedural framework:

• Filing of Petitions: Litigants can approach the Court through various petitions, including writ petitions under Article 32 for the enforcement of fundamental rights.
• Hearing and Adjudication: Cases are heard by benches comprising a minimum of two judges. Constitutional matters of significant importance are adjudicated by larger benches.
• Judgment Delivery: After hearing arguments, the Court delivers its judgment, which includes the legal reasoning and the decision.

DOCTRINES ESTABLISHED BY THE SUPREME COURT

The Court has propounded several doctrines to interpret constitutional provisions:

• Doctrine of Basic Structure: Asserts that certain fundamental features of the Constitution cannot be altered by amendments. This doctrine was established in the Kesavananda Bharati case, where the Court held that while Parliament has the power to amend the Constitution, it cannot alter its basic structure.
• Doctrine of Harmonious Construction: Aims to resolve conflicts between different constitutional provisions by interpreting them in a manner that harmonizes and gives effect to all. In the case of CIT v. Hindustan Bulk Carriers (2003), the Supreme Court laid down principles to avoid conflicts between provisions and ensure harmonious interpretation.
• Doctrine of Eclipse: States that any law inconsistent with fundamental rights is not null but becomes unenforceable; it is eclipsed by the fundamental right and can become operative if the constitutional prohibition is removed. This doctrine was applied in the case of Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955), where the Court held that a law inconsistent with fundamental rights becomes enforceable again if the inconsistency is removed.