.jpg)
All About the Supreme Court of India: A Comprehensive Guide
The Supreme Court of India stands as the highest judicial authority in the country, holding immense significance in the Indian legal system. Known as the Apex Court in India, it is the guardian of the Constitution and the final arbiter in legal disputes. This blog post delves into the history, structure, and key functions of the Supreme Court, providing valuable insights and resources for anyone interested in understanding the pinnacle of India's judiciary.
The First Supreme Court in India: A Historical Overview
The concept of a supreme judicial body in India dates back to British rule. The first Supreme Court in India was established in 1774 in Calcutta (now Kolkata), known as the Supreme Court of Judicature at Fort William. However, the modern Supreme Court of India was established on January 28, 1950, two days after the Constitution of India came into effect. The court was initially housed in the Parliament building before moving to its present location on Tilak Marg, New Delhi, in 1958.
Composition of the Supreme Court of India
The composition of the Supreme Court of India includes the Chief Justice of India (CJI) and a maximum of 34 other judges, as per the Constitution. The judges are appointed by the President of India based on the recommendations of the Collegium, a body comprising the CJI and the four senior-most judges of the court. The composition ensures a balanced representation of legal expertise from different regions of the country.
Key Functions of the Supreme Court
The Supreme Court of India plays a critical role in the country's governance and legal system. Here are some of its primary functions:
Judicial Review: The court has the power to review laws and executive orders to ensure they comply with the Constitution.
Appellate Jurisdiction: The Supreme Court hears appeals against judgments from lower courts, both in civil and criminal cases.
Advisory Jurisdiction: The President of India can seek the court's opinion on legal or constitutional matters.
Original Jurisdiction: The court has the authority to resolve disputes between different states or between states and the central government.
Landmark Cases of the Supreme Court of India
The Supreme Court has been at the forefront of shaping India’s legal landscape. Some landmark cases include:
Kesavananda Bharati v. State of Kerala (1973): This case established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution.
Maneka Gandhi v. Union of India (1978): This case expanded the scope of Article 21, guaranteeing the right to life and personal liberty.
Navtej Singh Johar v. Union of India (2018): This case decriminalized homosexuality, a significant victory for LGBTQ+ rights in India.
Arvind Datar and the Constitution of India
Arvind Datar is a renowned constitutional expert and senior advocate in the Supreme Court of India. He has authored several authoritative texts on Indian constitutional law, making significant contributions to the field. His work is often cited in legal proceedings and is a valuable resource for anyone studying Indian constitutional law.
Barasat Eye Hospital and the Supreme Court of India
In a notable case, the Barasat Eye Hospital was involved in a legal battle that reached the Supreme Court, highlighting issues related to medical negligence and patients' rights. The case brought attention to the standards of healthcare in India and the legal recourse available to victims of medical malpractice.
BITS Pilani WILP and the Supreme Court
The BITS Pilani Work Integrated Learning Program (WILP) has been under scrutiny in the Supreme Court regarding its recognition and equivalence to traditional degrees. This ongoing case raises questions about the future of distance education and its legitimacy in India.
Criminal and Civil Screening Report: Supreme Court of India, Delhi
The Supreme Court of India meticulously screens criminal and civil cases before they are admitted for hearing. The screening report ensures that only cases of significant constitutional or legal importance are heard by the court, maintaining the integrity and efficiency of the judicial process.
How to Access Supreme Court Judgments and Orders
You can access the Supreme Court's judgments and orders online, which are invaluable for legal research or understanding the judicial reasoning behind landmark cases.
Official Website: Visit the official website at Supreme Court of India for case status, judgments, and orders.
Judgment Information System (JUDIS): Use the JUDIS portal to search for judgments by case number, judge name, or date.
eCourts Portal: The eCourts portal provides access to case information from courts across India, including the Supreme Court.
Table of Quick Links for Supreme Court Resources
To assist you in quickly accessing important information about the Supreme Court of India, here’s a table of useful links:
Service | Link |
Supreme Court of India Official Website | |
Case Status | Check Case Status |
Judgments and Orders | Search Judgments |
eCourts Portal | |
Composition of Supreme Court | Learn More |
Arvind Datar’s Publications on Constitutional Law |
Conclusion
The Supreme Court of India stands as a beacon of justice, safeguarding the rights of citizens and upholding the Constitution. Understanding its role, history, and composition is crucial for anyone interested in the Indian legal system. Whether you are a law student, a practicing lawyer, or a concerned citizen, the resources provided in this guide will help you navigate the complex world of India’s apex court.
FAQs
1. What is the first Supreme Court in India?The first Supreme Court in India was the Supreme Court of Judicature at Fort William, established in Calcutta in 1774.
2. What is the composition of the Supreme Court of India?The Supreme Court of India comprises the Chief Justice of India and up to 34 other judges.
3. How can I access Supreme Court judgments?You can access judgments via the official Supreme Court website or the JUDIS portal.
4. What is the Apex Court in India?The Apex Court in India refers to the Supreme Court, which is the highest judicial authority in the country.
5. Who is Arvind Datar, and why is he significant?Arvind Datar is a senior advocate and constitutional expert, known for his authoritative works on Indian constitutional law.
Comments