Supreme Court of India

Supreme Court of India, the highest judicial court in India, was established on January 28, 1950, under the Constitution of India, with its first sitting taking place in the Chamber of Princes in the Parliament of India building, with Harilal Kania as its first Chief Justice of India, alongside Saiyid Fazl Ali, M. Patanjali Sastri, Meher Chand Mahajan, Sudhi Ranjan Das, and Bijan Kumar Mukherjea. The Constitution of India was drafted by a Constituent Assembly of India led by Bhimrao Ramji Ambedkar, Jawaharlal Nehru, and Sardar Vallabhbhai Patel. The Supreme Court of India has its roots in the Federal Court of India, established under the Government of India Act 1935, which was preceded by the High Courts of India, including the Calcutta High Court, Bombay High Court, and Madras High Court.

History of the Supreme Court

The history of the Supreme Court of India is closely tied to the Indian independence movement, with key figures such as Mahatma Gandhi, Subhas Chandra Bose, and Lala Lajpat Rai playing important roles in shaping the country's judicial system. The Regulating Act of 1773 and the Pitt's India Act 1784 laid the foundation for the British East India Company's administration of India, which eventually led to the establishment of the Supreme Court of Judicature at Fort William, the Supreme Court of Judicature at Madras, and the Supreme Court of Judicature at Bombay. The Indian High Courts Act 1861 and the Indian Councils Act 1861 further reformed the judicial system of India, paving the way for the creation of the Federal Court of India and eventually the Supreme Court of India, with notable judges such as Cornelius and Koka Subba Rao contributing to its development.

Structure and Organization

The Supreme Court of India is composed of the Chief Justice of India and a maximum of thirty-three judges of the Supreme Court of India, appointed by the President of India in consultation with the Chief Justice of India and other senior judges, as per the Constitution of India and the Supreme Court of India Rules 2013. The court is divided into several divisions, including the Constitution Bench, the Division Bench, and the Single Judge Bench, with each division hearing cases related to constitutional law, civil law, and criminal law, as seen in cases such as Kesavananda Bharati v. State of Kerala and Minerva Mills v. Union of India. The court also has a Registry of the Supreme Court of India, which is responsible for the administrative functions of the court, and is headed by the Secretary General of the Supreme Court of India, who works closely with the Attorney General of India and the Solicitor General of India.

Jurisdiction and Powers

The Supreme Court of India has original, appellate, and advisory jurisdiction, as per Article 131 of the Constitution of India, and has the power to hear cases related to fundamental rights, constitutional validity, and inter-state disputes, as seen in cases such as Golaknath v. State of Punjab and S.R. Bommai v. Union of India. The court also has the power to review its own judgments, as well as those of the High Courts of India, and can issue writs such as habeas corpus, mandamus, and certiorari, as seen in cases such as Rudul Sah v. State of Bihar and Sunil Batra v. Delhi Administration. The court's decisions are binding on all lower courts, including the High Courts of India and the Subordinate Courts of India, and are often cited in cases such as Maneka Gandhi v. Union of India and Olga Tellis v. Bombay Municipal Corporation.

Proceedings and Practices

The proceedings of the Supreme Court of India are governed by the Supreme Court of India Rules 2013 and the Supreme Court of India (Order XX Rules) 2010, which outline the procedures for filing cases, conducting hearings, and delivering judgments, as seen in cases such as Kumar v. Union of India and State of U.P. v. Rajendra Kumar Sharma. The court also has a Court Registry that is responsible for maintaining the records of the court and providing assistance to the judges and lawyers, and works closely with the Bar Council of India and the Supreme Court Bar Association. The court's practices are guided by the principles of natural justice, fairness, and impartiality, as seen in cases such as A.K. Gopalan v. State of Madras and Menaka Gandhi v. Union of India.

Judges and Appointment

The judges of the Supreme Court of India are appointed by the President of India in consultation with the Chief Justice of India and other senior judges, as per the Constitution of India and the Supreme Court of India Rules 2013. The judges are chosen from among the High Court judges, senior advocates, and law professors, and must have a minimum of five years of experience as a High Court judge or ten years of experience as a senior advocate, as seen in the appointments of judges such as V.R. Krishna Iyer and O. Chinnappa Reddy. The judges serve until they attain the age of sixty-five, as per Article 124 of the Constitution of India, and can be removed from office only through impeachment by the Parliament of India, as seen in the case of Justice V. Ramaswami.

Landmark Cases

The Supreme Court of India has delivered several landmark judgments that have shaped the country's constitutional law, civil law, and criminal law, including cases such as Kesavananda Bharati v. State of Kerala, Minerva Mills v. Union of India, and S.R. Bommai v. Union of India. Other notable cases include Golaknath v. State of Punjab, Rudul Sah v. State of Bihar, and Maneka Gandhi v. Union of India, which have had a significant impact on the development of Indian law and the judicial system of India, and have been cited in cases such as Olga Tellis v. Bombay Municipal Corporation and State of U.P. v. Rajendra Kumar Sharma. The court's decisions have also been influential in shaping the country's social and economic policies, as seen in cases such as M.C. Mehta v. Union of India and Vishaka v. State of Rajasthan, and have been recognized internationally, as seen in the International Court of Justice and the European Court of Human Rights.

Category:Supreme Courts