Supreme Court celebrates the 73rd anniversary

Subject : Polity

Section : Judiciary

Concept :

The Supreme Court of India is hosting its first-ever celebration of the 73rd anniversary of its establishment.
This year’s event is being aired on social media platforms and will witness Singapore’s Chief Justice Sundaresh Menon, who is of Indian origin, as the chief guest.

When was the Supreme Court Founded?

On the January 28, 1950, two days after India became a sovereign democratic republic, the Supreme Court of India came into being.
The inauguration took place in the Chamber of Princes in the Parliament building which was the home to the Federal Court of India for 12 years preceding the Supreme Court’s establishment.
The Parliament House was to be the home of the Supreme Court for years that were to follow until the court acquired its own present building with lofty domes and its signature spacious colonnaded verandas in 1958.
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne judges – leaving it to Parliament to increase this number.

Brief History of the Supreme Court of India

The promulgation of Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record, with full power & authority.
It was established to hear and determine all complaints for any crimes and also to entertain, hear and determine any suits or actions in Bengal, Bihar and Orissa.
The Supreme Courts at Madras and Bombay were established by King George – III in 1800 and 1823
The India High Courts Act 1861 created High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns.
These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935.
The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts.
After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.
The law declared by the Supreme Court is binding on all Courts within the territory of India.
It has the power of judicial review – to strike down the legislative and executive action contrary to the provisions and the scheme of the constitution, the distribution of power between Union and States or inimical to the fundamental rights guaranteed by the Constitution.

What are the Constitutional Provisions?

The Indian constitution provides for a provision of Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary).
Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers and procedures of the Supreme Court.
The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
The Jurisdiction of the Supreme Court of India can broadly be categorized into original jurisdiction, appellate jurisdiction and advisory jurisdiction. However, there are other multiple powers of the Supreme Court.

Seat of Supreme Court

The Constitution declares Delhi as the seat of the Supreme Court. It also authorizes the CJI to appoint other place or places as seat of the Supreme Court.
He can take decision in this regard only with the approval of the President. This provision is only optional and not compulsory.
This means that no court can give any direction either to the President or to the Chief Justice to appoint any other place as the seat of the Supreme Court.

Jurisdiction and Powers of Supreme Court

Original Jurisdiction

As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between:
the Centre and one or more states; or
the Centre and any state or states on one side and one or more states on the other; or
between two or more states.
In the above federal disputes, the Supreme Court has exclusive original jurisdiction.

Writ Jurisdiction

The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can go directly to the Supreme Court, not necessarily by way of appeal.
However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.

Appellate Jurisdiction

The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
Appeals in constitutional matters
Appeals in civil matters
Appeals in criminal matters
Appeals by special leave

Advisory Jurisdiction

The Constitution under Article 143 authorises the President to seek the opinion of the Supreme Court in the two categories of matters:
On any question of law or fact of public importance which has arisen or which is likely to arise.
On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.

Court of Record

As a Court of Record, the Supreme Court has two powers:
The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court.
They are recognized as legal precedents and legal references.
It has power to punish for contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2,000 or with both.

Power of Judicial Review

Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments.
On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court. Consequently, they cannot be enforced by the Government.