Supreme Court of India - History, Function, Composition, Jurisdiction

Introductin:- In this article we discuss about Supreme Court of India. What is history and function of Supreme Court of India. We will also discuss composition and jurisdiction of Supreme Court of India.

Supreme Court of India

The Supreme Court of India is the country's highest judicial court under the Constitution of India. It is the final court of appeal in the country. It was established on 1 October 1937 as Federal Court of India. After independence on 28 January 1950, It was replaced by the Supreme Court of India. The Supreme Court is the highest Constitutional court, with the power of judicial review. Consisting of the Chief Justice of India. It is regarded as the most powerful public institution in India. It safeguards fundamental rights of citizens. As per Article 142 of the constitution, it is the duty of the President to enforce the decrees of the supreme court. Mr Sharad Arvind Bobde is the current Chief Justice of India.

History of Supreme Court of India

• The Federal Court of India was created as per Goverment of India Act 1935.

• The court settled disputes between provinces and federal states and heard appeals against judgement of the High courts.

• After independence, the Federal Court and the Judicial Committeeof the Privy Council were replaced by the Supreme Court if India, which came into being in January 1950.

• The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 pusin Judges.

• The number of SC Judgex was increased by the Parliament and Currently, there are 34 Judges including the Chief Justice of India.

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Function of Supreme Court of India

• It takes uo appeals against the verdicts of the High Courts, other courts and tribunals.

• It settels disputes between various goverment authorities, between state goverments and between the centre and state goverments.

• It also hears matters which the President refers to it, in its advisory role.

• The Supreme Court can also take up cases suo moto (on its own).

• The law that Supreme Court declares is bindings on all the courts in India and on the Union as well as the State goverments.

Jurisdiction of the Supreme Court of India

The Supreme Court of India has three types of jurisdiction-

(i) Original (ii) Appellate (iii) Advisory

(1) Original Jurisdiction - The Supreme Court of India shall, to the exclusion of any other court, have original jurisdiction in any dispute -

(a) Between the Goverment of India and one or more states.

(b) Between the Goverment of India and any State or States on one side and one or more other states on the other

(c) Between two or more states.

(2) Appellate Jurisdiction - The Appellate Jurisdiction of the Supreme Court of India extend to four heads-

(i) Civil (ii) Criminal (iii) Constitutional (iv) Special leave

(i) Civil appellate - An appeal shall lie to the Supreme Court fron any judgement, decree or final order in a civil proceedings of a High Court in the territory of India if the High Court certifies under Aricle 134A.

(a) That the case involves a substantial question of law of general importance

(b) That in the opinion of the High Court the said question need to be decided by the Supreme Court.

(ii) Criminal appellate jurisdiction - An appeal shall lie to the Supreme Court from any judgement, final order or sentence in criminal proceedings of a High Court in the territory of India if the High Court-

(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death 

(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death 

(c) certifies under Article 134A that the case is a fit one for appeal to the Supreme Court, provided that an appeal under sub-clause(c) shall lie subject to such provisions as may be made in that behalf under clause (1) of Article 145 and to such cinditions as the High Court may establish or require.

(iii) Constitutional appellate jurisdiction - An appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in the territory of India whether in a civil, criminal ir other proceeding, if the High Court certifies under Article 134A that the case involves a substantial question of law as the interpretation of this Constitutional.

Where such certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question has been wrongly decided.

(iv) Special leave - The Supreme Court may in its discretion, grant special leave to appeal from any judgement, decree, determination, sentence or order in the territory of India. It will not apply to any judgement, determination, sentence or order passed or made by any court tribunal constituted by or under ant law relating to the Armed Forces.

(3) Advisory Jurisdiction - If at any time it appears to the President that a question of a law or fact has arisen or is likely to arise, which is of such a nature and such public importance that it is expedient to obtain the opinion of the Supreme Court for consideration and the Supreme Court may refer the question to the Supreme Court for consideration and the Supreme Court may after such hearing as it think fit, report to the President its opinion thereon.

The President may refer a dispute to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

Composition of Supreme Court of India

• Including the Chief Justice of India (CJI), there are 34 judges in the Supreme Court.
• The judges sit in benches of 2 or 3 (called a Division) benches of 5 or more (called a Constitutional Bench) when there are matters of fundamental question of the law is to be decided.

Eligiblity of Judges of Supreme Court of India

As per Article 124(3), an Indian citizen who is below 65 years of age is eligible to be recommended for appoitment as a judge of Supreme Court if-

1. He/She is a citizen of India.
2. He/She has been a judge of one or more High Courts for at least  5 years, or
3. He/She has been an advocate in one or more High Courts for at least 10 years, or
4. He/She is in the opinion of the President a distinguished jurist.
5. Salary of the Judges of Supreme Court mentioned in under Article 125 Constitution of India.

Removal of Judges of Supreme Court of India

Article 124(4) mention removal of the Supreme Court judges.

A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each house of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the member of that House present and voting has been presented to the President in same seesion for such remival on the ground of proved misbehaviour or incapacity.