India boasts one of the world’s oldest and most distinguished legal systems, with laws and jurisprudence that span centuries. This enduring legal tradition has continually evolved alongside the lives of its diverse population. The foundation of India’s commitment to law lies in its Constitution, which established the nation as a Sovereign Democratic Republic. It enshrines a federal system with a Parliamentary form of government at both Union and State levels, an independent judiciary, guaranteed Fundamental Rights, and Directive Principles of State Policy objectives that, while not legally enforceable, guide governance across the country.
At the heart of India’s legal system is the Constitution, which recognises statutes, judicial precedents, and customary laws, provided they align with constitutional provisions. Statutes are enacted by Parliament, State Legislatures, and Union Territory Legislatures, complemented by a substantial body of subordinate legislation in the form of rules, regulations, and by-laws issued by central and state governments as well as local authorities, including Municipal Corporations, Gram Panchayats, and other local bodies. These regulations derive authority from powers delegated by Parliament or the relevant legislature. The Supreme Court’s decisions are binding on all courts within India, and in recognition of India’s rich diversity, local customs and conventions that are not contrary to statutory law or public morality are considered by courts in certain contexts.
Constitutional Foundation
Article 124 of the Indian Constitution outlines the establishment and composition of the Supreme Court:
- The Supreme Court of India consists of the Chief Justice of India and, until Parliament decides otherwise, not more than seven other judges.
- Judges are appointed by the President after consultation with existing Supreme Court and High Court judges. They serve until the age of 65. The Chief Justice is always consulted when appointing other judges. Judges may resign or be removed only under specific constitutional provisions.
- Eligibility for appointment requires Indian citizenship and either prior service as a High Court judge for at least five years, advocacy experience of ten years, or recognition as a distinguished jurist by the President.
- Judges can be removed only following a resolution passed by both Houses of Parliament for proven misbehaviour or incapacity.
- Before assuming office, judges must take an oath of office as prescribed in the Third Schedule of the Constitution.
- Former Supreme Court judges are barred from practising in any court or before any authority in India.
Jurisdiction of the Supreme Court
The Supreme Court’s jurisdiction is defined primarily under Articles 137 to 141 of the Constitution:
Original Jurisdiction (Article 131): The Supreme Court has original and exclusive jurisdiction over disputes:
- Between the Union and one or more states
- Between the Union and multiple states on one side and other states on the other
- Between two or more states
Appellate Jurisdiction (Articles 132–134): Appeals may be made to the Supreme Court against High Court decisions in the following cases:
- Constitutional matters certified by the High Court as involving substantial questions of law
- Civil matters of general importance
- Criminal matters, including cases where the High Court reverses acquittals and imposes the death penalty, or takes over trials from subordinate courts
- Special leave petitions, granted at the Court’s discretion, except for cases involving armed forces tribunals
The Court may also transfer cases between High Courts if a question of law requires resolution in the interest of justice.
Advisory Jurisdiction (Article 143): The President may seek the Supreme Court’s advisory opinion on matters of public importance or questions arising from pre-constitutional treaties, agreements, or similar instruments. Article 144 obliges all authorities in India to aid the Supreme Court.
Functions of the Supreme Court
- Contempt of Court: Authority to punish civil or criminal contempt with fines up to ₹2,000 or imprisonment up to six months.
- Judicial Review: Examines the constitutionality of laws and executive orders.
- Electoral Authority: Oversees elections of the President and Vice President of India.
- Oversight: Reviews the conduct of UPSC members and can withdraw or dispose of cases pending in High Courts.
- Appointments: Powers to appoint ad hoc or retired judges and the acting Chief Justice when needed (Articles 126, 127, 128).
- Revisory Jurisdiction: Can review its own judgments to correct errors (Article 137).
- Court of Record: Supreme Court decisions have evidentiary value and are not challengeable in any court.
Removal of Supreme Court Judges
A judge can only be removed by the President following a resolution passed by both Houses of Parliament, requiring a majority of total membership and at least two-thirds of members present and voting, on grounds of proven misbehaviour or incapacity.
The Supreme Court of India stands as the ultimate guardian of the Constitution, safeguarding democracy, upholding the rule of law, and ensuring justice across the nation.
For More Readings: PREAMBLE OF THE CONSTITUTION | WRITS IN THE INDIAN CONSTITUTION