Supreme Court: Guardian of the Constitution and Justice
Introduction
The Supreme Court of any nation stands as the apex of the judicial hierarchy, ensuring justice, interpreting laws, and protecting constitutional values. In India, the Supreme Court is the highest constitutional court and plays a pivotal role in maintaining the rule of law, safeguarding fundamental rights, and upholding democratic principles.
Since its establishment on January 28, 1950, just two days after the Indian Constitution came into effect, the Supreme Court of India has evolved into an institution of great trust and authority. This article explores the history, structure, functions, landmark judgments, and ongoing significance of the Supreme Court in Indian democracy.
Historical Background and Formation
The roots of the Supreme Court can be traced to the Federal Court of India, established in 1937 under the Government of India Act, 1935. Post-independence, the framers of the Constitution envisioned a single, unified judicial system with the Supreme Court at its helm.
Key Milestones in Supreme Court’s Evolution
| Year | Event |
|---|---|
| 1937 | Federal Court of India established |
| 1950 | Supreme Court inaugurated on Jan 28 |
| 1955 | Court moved to current building in Delhi |
| 1973 | Introduced collegium system (Kesavananda case) |
| 1993 | Collegium system formalized for appointments |
| 2018 | Live streaming of court proceedings proposed |
Structure and Composition of the Supreme Court
The Supreme Court of India is comprised of the Chief Justice of India (CJI) and a maximum of 33 other judges, appointed by the President of India. Judges are selected based on their legal acumen, integrity, and seniority.
Supreme Court Structure Overview
| Role | Number | Appointed By | Tenure |
|---|---|---|---|
| Chief Justice of India | 1 | President | Until 65 years of age |
| Supreme Court Judges | Up to 33 | President | Until 65 years of age |
| Current Total (2025) | 34 | Collegium system | Appointed on merit/seniority |
Eligibility Criteria to Become a Supreme Court Judge
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Must be a citizen of India
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At least five years of experience as a High Court judge or ten years as an advocate
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An eminent jurist in the opinion of the President
The Chief Justice holds administrative responsibilities and allocates benches, while other judges specialize in different branches of constitutional and civil law.
Jurisdiction and Powers of the Supreme Court
The Supreme Court’s jurisdiction is vast and multifaceted. It ensures that laws passed by Parliament and state legislatures conform to the Constitution.
Types of Jurisdiction of the Supreme Court
Original Jurisdiction – Disputes between states or between center and states
Appellate Jurisdiction – Appeals from High Courts in civil, criminal, and constitutional matters
Writ Jurisdiction – Under Article 32, it can enforce Fundamental Rights
Advisory Jurisdiction – President can seek court’s opinion under Article 143
Review Jurisdiction – It can review its own judgments
Through its powers, the Supreme Court acts as a watchdog of the Constitution, ensuring that both government and citizens act within the bounds of law.
Landmark Judgments of the Supreme Court
Over the decades, the Supreme Court has delivered several path-breaking decisions that have defined Indian law and civil liberties.
Landmark Judgments and Their Significance
| Case Name | Year | Impact |
|---|---|---|
| Kesavananda Bharati Case | 1973 | Basic structure doctrine established |
| Maneka Gandhi v. Union of India | 1978 | Expanded interpretation of personal liberty |
| Shah Bano Case | 1985 | Women's maintenance rights under personal law |
| S.R. Bommai v. Union of India | 1994 | Limited arbitrary imposition of President’s Rule |
| Navtej Singh Johar Case | 2018 | Decriminalized homosexuality (Section 377) |
| Ayodhya Verdict | 2019 | Resolved a long-standing religious land dispute |
The Collegium System – Appointments and Controversy
One of the most debated aspects of the Supreme Court is the Collegium system, through which judges are appointed and elevated.
How the Collegium System Works
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Headed by the Chief Justice of India
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Includes the four senior-most judges of the Supreme Court
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Recommends names for appointment and elevation
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The President approves the recommendations
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The process lacks formal transparency and public accountability
While the system aims to maintain judicial independence, critics argue it lacks transparency and objectivity, calling for reform.
Role in Modern India
The Supreme Court today serves not just as a legal institution but as a pillar of Indian democracy. In times of political crisis, social unrest, or legislative overreach, the Court acts as a guardian of constitutional morality.
Contemporary Functions of the Supreme Court
Protecting Human Rights – Upholds rights to privacy, freedom, and dignity
Checking Executive Power – Intervenes in unconstitutional decisions
Safeguarding Free Speech – Protects journalistic and artistic freedom
Environmental Protection – Issues orders for pollution control and conservation
Electoral Oversight – Monitors free and fair elections via judgments
Especially in recent years, public interest litigations (PILs) have given common citizens direct access to justice at the highest level.
Conclusion
The Supreme Court of India is not merely a legal body—it is a living embodiment of the Constitution, ensuring that justice, equality, and liberty prevail. With its broad powers, illustrious history, and unwavering commitment to democracy, it continues to shape India’s legal, political, and social landscape.
As India advances through the 21st century, the role of the Supreme Court will remain more critical than ever—safeguarding citizen rights, maintaining federal harmony, and interpreting laws in the spirit of constitutional values.
