Supreme Court of India

The Constitution of the Republic of India designates the Supreme Court of India as the highest court in the country and its supreme judicial authority. Being the oldest constitutional court, it has the final say in all cases, with the exception of those involving personal laws, and it also has the authority to conduct judicial reviews. The Supreme Court of India, which has a maximum of 34 judges, is headed by the Chief Justice of India and has vast powers in the form of original, appellate, and advisory jurisdictions.

It hears appeals largely against decisions made by the high courts of various states of the Union and other courts and tribunals as India's highest and most powerful constitutional court. It is necessary to protect citizens' fundamental rights and to resolve conflicts between various governmental entities, including those between the national government and state governments or between states themselves. As an advisory court, it considers cases that the President of India may directly send it for consideration under the Constitution.

What is Supreme Court of India?

The Constitution of the Republic of India designates the Supreme Court of India as the highest court in the country and its supreme judicial authority. Being the oldest constitutional court, it has the final say in all cases, with the exception of those involving personal laws, and it also has the authority to conduct judicial reviews.

All lower courts must follow the rulings of India's Supreme Court because it is the highest court in the nation.

It serves as both the final court of appeals and the final interpreter of the Constitution. Because of these immense powers, many people have referred to it as one of the most powerful tribunals in the world. The Indian Constitution serves as its foundation.

History of Supreme Court

Until the Federal Court of India was established by the Government of India Act 1935, these new high courts held the distinction of being the highest courts for all cases. The Federal Court had the authority to hear appeals against high court rulings as well as resolve disputes between provinces and federal states. H. J. Kania was India's first chief justice.

• The Supreme Court of Judicature in Calcutta became a Court of Record with full jurisdiction and authority when the Regulating Act of 1773 was published.

• It was created to entertain, hear, and decide on all criminal charges as well as any lawsuits or actions in Bengal, Bihar, and Orissa.

• In 1800 and 1823, respectively, King George III founded the Supreme Courts in Madras and Bombay.

• The India High Courts Act of 1861 established High Courts in a number of provinces while dissolving the Supreme Courts in Bombay, Calcutta, and Madras in Presidency towns.

• Prior to the Federal Court of India's establishment in 1935 as a result of the Government of India Act, these high courts held the distinction of being the highest courts for all cases.

• The Federal Court had the authority to hear appeals against High Court judgments as well as resolve conflicts between federal states and provinces.

• The Indian Constitution was established on January 26, 1950, following the country's independence from Britain in 1947. Additionally, on January 28, 1950, the Supreme Court of India held its first sitting.

All courts located on Indian soil must follow the legislation that the Supreme Court has proclaimed.

Functions of Supreme Court

• It accepts appeals from decisions made by the High Courts and other tribunals and courts.

• It resolves conflicts between different state governments, the center, and any state government. It also resolves conflicts between the federal and state governments.

• It also hears cases referred to it by the President in its consultative capacity.

• The SC may also pursue cases on its own.

All Indian courts, the Union government, and state governments must abide by the law that the Supreme Court declares.

Jurisdiction of Supreme Court

The Jurisdiction of Supreme Court is of three types -

Organizational Structure of the Supreme Court

• There are now 31 judges on the Supreme Court (one chief justice and thirty other judges).

• The Supreme Court (Number of Judges) Bill of 2019 strengthened the court by four judges.

• It expanded the number of judges, including the CJI, from 31 to 34.Initially, the Supreme Court's size was set at eight justices (one chief justice and seven other judges).

Supreme Court's Seat

• Delhi is designated as the Supreme Court's official seat by the Constitution. It also gives the CJI the authority to name another location or locations as the Supreme Court's home.

• Only with the President's consent is he able to make a decision in this regard. Only optional and not required, this clause. This means that no court can order the President or Chief Justice to choose another location as the Supreme Court's location.

Appointment of Judges

• The President appoints the justices of the Supreme Court. The President appoints the Chief Justice of India (CJI) after consulting with the Supreme Court and any high court justices that he considers necessary.

• After consulting with the Chief Justice of India and any other Supreme Court and high court judges he considers essential, the President appoints the other judges. In the event that a judge other than the Chief Justice is appointed, contact with the Chief Justice is required.

Conclusion

The Supreme Court is our country's highest appeals court. The citizens of India are announcing justice with its establishment. The Supreme Court's authority is to guarantee a fair trial in cases involving the Indian Constitution; as a result, it also defends the largest democracy in the world.

Frequently Asked Questions

Q1. Which is the first Supreme Court in India?

Ans. The Supreme Court of Judicature at Fort William in Calcutta, was founded in 1774 by the Regulating Act of 1773.

Q2. Who is the Chief Justice of Supreme Court 2022?

Ans. As of right now, Chief Justice Dhananjaya Y. Chandrachud is India's 50th Chief Justice. He took office on November 9, 2022.

Q3. Who is the head of Supreme Court?

Ans. The chief justice, who serves as the chief justice of the Supreme Court, is in charge of assigning cases to constitutional benches that deal with significant legal issues.

Q4. How many justices are in the Supreme Court 2022 (in the United States of America)?

Ans. Nine judges

The Supreme Court currently consists of nine justices: one Chief Justice and eight Associate Justices.