Supreme Court of India - 10mins Seminar Notes

SUPREME COURT OF INDIA - 10mins Seminar Notes 

The Supreme Court of India is the highest judicial court under the Constitution of India, the highest constitutional court, with the power of judicial review.

• The Supreme Court of India came into being on 28 January 1950.
• It is regarded as the most powerful government institution in India.
• Consisting of the Chief Justice of India and a maximum of 34 judges currently.
• The first CJI (Chief Justice of India) was H. J. Kania. 

History

• The promulgation of Regulating Act of 1773 by the King of England paved the way for establishment of the Supreme Court of Judicature at Calcutta.
• The Letters of Patent was issued on 26 March 1774 to establish the Supreme Court of Judicature at Calcutta.
• The Supreme Courts at Madras and Bombay was established by King George – III on 26 December 1800 and on 8 December 1823 respectively.
• The India High Courts Act 1861 was enacted to create High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats (Supreme court of Revenue in British India) in Presidency towns.
• Federal court of India is formed under the Government of India Act 1935.
• The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts. 

Constitution of Court 

• Originally, the Constitution of India envisaged a supreme court with a chief justice and seven judges; leaving it to the parliament to increase this number.
• Currently there are 34 members including the Chief Justice of India.
• In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them.
• As the work of the Court increased and cases began to accumulate, As the number of the Judges has increased, they sit in smaller Benches of two and three (referred to as a division bench) – coming together in larger Benches of 5 and more only (referred to as a constitution bench) when required to do so or to settle a difference of opinion or controversy.
• Constitution Bench is formed when any case involving a substantial question of law as to the interpretation or the purpose of hearing any reference made by the President of India under Article 143. 

Collegium 

• It is composed of five people including Chief Justice of the relevant court who is also the head of the collegium.
• Collegium appoint and transfer the judges in Supreme Court and High Court of India.
• The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under Clause (2) of Article 124 of the constitution.

Review Petition

• Article 137 of the Constitution of India lays down provision for the power of the Supreme Court to review its own Judgements.

Rules

• The Constitution of India under Article 145 empowers the supreme court to frame its own rules for regulating the practice and procedure of the court as and when required (with the approval of the president).
• Accordingly, "Supreme Court Rules, 1950" were framed. The 1950 Rules were replaced by the Supreme Court Rules, 1966.
• In 2014, supreme court notified the Supreme Court Rules, 2013 replacing the 1966 Rules effective from 19 August 2015.

Roster System

• The supreme court decided to follow a new roster system from 5 February 2018 for allocation of matters to judges.

Landmark Judgements

• The 25th amendment to the constitution in 1971 curtailed the right of a citizen to property as a fundamental right and gave authority to the government to infringe private property 
• Emergency (1975 – 1977) popularly known as the Habeas Corpus case
  

Recent cases

• 2G Spectrum
• Black Money
• Minority Reservations
• Online / Postal ballot for Indian Citizen living abroad
• Recognition of Transgenders as Third Gender in Law
• Decriminalisation of Homosexuality
• Ayodhya dispute

  

Presented By
Vaishnavi Thirumalai
TNPSC Student

Magme School of Banking