Discuss The Composition And Functions of The Supreme Court of India

The Supreme Court of India is the highest judicial authority in the country and the final court of appeal. It functions as the guardian of the Constitution, protecting the fundamental rights of citizens and ensuring that the government adheres to constitutional principles. Established on January 28, 1950, two days after the Constitution of India came into effect, the Supreme Court plays a pivotal role in maintaining the rule of law and delivering justice.

Composition of the Supreme Court of India :

The composition of the Supreme Court is defined under Article 124 of the Indian Constitution. It consists of the Chief Justice of India (CJI) and a set number of judges as prescribed by Parliament.

1. Chief Justice of India (CJI):

• The Chief Justice is the head of the Supreme Court and is appointed by the President of India. Traditionally, the senior-most judge of the Supreme Court is appointed as the Chief Justice.
• The Chief Justice has significant administrative powers, including the allocation of cases to benches and the appointment of other judicial officers.

2. Judges:

• As of 2023, the sanctioned strength of the Supreme Court is 34 judges, including the Chief Justice of India. Parliament can increase this number if deemed necessary.
• Judges of the Supreme Court are appointed by the President of India based on the recommendations of the Collegium System, which is composed of the Chief Justice of India and a group of senior judges of the court.

3. Appointment Process:

• Judges are appointed through a consultative process involving the President and the Supreme Court Collegium.
• The criteria for appointment include experience in judicial positions, legal expertise, and seniority. Judges of the Supreme Court must be:
  • A judge of a High Court for at least five years, or
  • An advocate of a High Court for at least ten years, or
  • A distinguished jurist in the opinion of the President.

4. Tenure:

• A Supreme Court judge holds office until they attain the age of 65 years. They can resign from office by submitting a resignation to the President of India.
• Judges can be removed from office only through a process of impeachment on the grounds of proven misbehavior or incapacity, as outlined in Article 124(4).

Functions of the Supreme Court of India :

The Supreme Court has several important functions, which can be classified into judicial, constitutional, and administrative categories. These functions allow the court to interpret the Constitution, enforce fundamental rights, and resolve disputes at the highest level.

1. Judicial Functions:

The primary function of the Supreme Court is to decide cases and deliver justice. It acts as the highest court of appeal and handles cases involving a wide variety of issues.

• Appellate Jurisdiction:
  • The Supreme Court has appellate jurisdiction over civil, criminal, and constitutional matters. It hears appeals against the judgments of the High Courts.
  • Under Article 132, the Supreme Court has appellate jurisdiction in cases involving a substantial question of law regarding the interpretation of the Constitution.
  • Under Article 133, the court can hear appeals in civil cases, and under Article 134, it can hear appeals in criminal cases.
• Writ Jurisdiction:
  • Under Article 32, the Supreme Court has the power to issue writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) for the enforcement of fundamental rights.
  • It has original jurisdiction in matters related to the enforcement of fundamental rights, meaning any person whose rights are violated can approach the Supreme Court directly.
• Original Jurisdiction:
  • The Supreme Court has original jurisdiction in disputes between the Government of India and one or more States, or between two or more States, as per Article 131.
  • It can also hear cases that involve disputes related to treaties, agreements, and engagements executed by the Government of India.
• Special Leave Petition (SLP):
  • Under Article 136, the Supreme Court can grant Special Leave to Appeal against any judgment or order of any court or tribunal in India (except military tribunals). This power is exercised in cases of grave injustice or when a substantial question of law is involved.

2. Constitutional Functions:

• Guardian of the Constitution:
  • The Supreme Court is the ultimate interpreter of the Constitution and plays a key role in ensuring that laws and actions by the legislature and executive are constitutional.
  • It has the power of judicial review under which it can declare any law or executive action unconstitutional if it violates the provisions of the Constitution.
• Interpretation of the Constitution:
  • The court provides authoritative interpretations of constitutional provisions and resolves ambiguities in the Constitution.
  • The Supreme Court’s interpretations have led to several landmark decisions, such as the Kesavananda Bharati case, which established the Basic Structure Doctrine (that certain features of the Constitution cannot be altered by Parliament).
• Advisory Jurisdiction:
  • Under Article 143, the President of India can seek the opinion of the Supreme Court on important matters of law or fact that may be of public importance. This is known as the Advisory Jurisdiction.
  • The opinion provided by the Supreme Court in such cases is not binding on the President, but it carries significant legal and moral authority.

3. Administrative Functions:

• Supervisory Role Over Lower Courts:
  • The Supreme Court has the authority to supervise the functioning of lower courts in the country, including the High Courts and district courts.
  • It issues directions and guidelines to ensure that the judiciary at all levels functions efficiently.
• Appointment of Judges:
  • The Supreme Court plays a key role in the appointment and transfer of judges of the High Courts through the Collegium System.
  • The Collegium, headed by the Chief Justice of India, recommends the names of judges for appointment to the President of India.

4. Protection of Fundamental Rights:

• The Supreme Court plays a critical role in protecting the fundamental rights of citizens. Under Article 32, individuals can directly approach the Supreme Court if they believe their fundamental rights have been violated.
• The court’s power to issue writs makes it a guardian of civil liberties and human rights in India.

5. Judicial Review:

• One of the most significant functions of the Supreme Court is judicial review, under which the court has the authority to review laws, executive orders, and policies to determine their constitutionality.
• The Supreme Court can strike down laws that are found to violate the Constitution, especially the fundamental rights of citizens.
• Judicial review ensures that Parliament and the executive do not exceed their constitutional limits.

6. Election Disputes:

• The Supreme Court acts as the final arbiter in disputes related to the election of the President and Vice President of India, as outlined in the Constitution.

Landmark Functions and Cases of the Supreme Court :

The Supreme Court of India has delivered several landmark judgments that have shaped the legal and constitutional framework of the country. Some of the important functions and cases include:

1. Kesavananda Bharati Case (1973):
   • This case established the Basic Structure Doctrine, which limits Parliament’s power to amend the Constitution. The court ruled that Parliament cannot alter the “basic structure” of the Constitution.
2. Maneka Gandhi Case (1978):
   • This case expanded the interpretation of Article 21 (Right to Life and Personal Liberty), emphasizing that the right to life also includes the right to live with dignity and personal freedom.
3. S.R. Bommai Case (1994):
   • The Supreme Court ruled on the scope of President’s Rule (Article 356) and held that the imposition of President’s Rule is subject to judicial review. This case reinforced federalism in India.
4. Vishakha Case (1997):
   • This case established guidelines for the prevention of sexual harassment in the workplace, recognizing women’s right to a safe working environment.
5. Right to Privacy (2017):
   • In a landmark judgment, the Supreme Court ruled that the Right to Privacy is a fundamental right under the Constitution, protected by Article 21.

Conclusion:

The Supreme Court of India plays a central role in the functioning of the Indian judicial system and the governance of the country. As the apex court, it ensures that justice is administered fairly and that the rule of law prevails. Its powers of judicial review, protection of fundamental rights, and interpretation of the Constitution make it a key institution in safeguarding democracy and maintaining the balance of power between the executive, legislature, and judiciary.