Composition and Functions of the Supreme Court of India

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 Composition and Functions of the Supreme Court of India

The Supreme Court of India is the apex judicial body in the country and serves a crucial role in the Indian legal system. As the apex judicial body in the country, holds a position of paramount importance in the Indian legal and constitutional framework. 

Established in 1950, following the adoption of the Constitution of India, it functions from its permanent seat in New Delhi. The Supreme Court's composition and functions are defined and governed by the Constitution, making it a central pillar in upholding the rule of law and democratic values in India.

Composition and Functions of the Supreme Court of India

Composition of the Supreme Court of India:

The composition of the Supreme Court of India is outlined in the Constitution of India. The key aspects of its composition include the number of judges, the appointment process, qualifications required, and the tenure of the judges. 

Appointment of Judges:

The Supreme Court comprises the Chief Justice of India (CJI) and 33 other judges. The number of judges is determined by Parliament is 34 judges, including the Chief Justice.

Judges of the Supreme Court are appointed by the President of India. The appointments are made in consultation with members of the judiciary, primarily based on the collegium system, which includes the Chief Justice of India and the four senior-most judges of the court.

The appointment of judges to the Supreme Court of India is a process governed by the Constitution of India, and it involves both the Judiciary and the Executive branches of the government. The key steps and principles in the appointment process are as follows:

1. Recommendation by the Collegium:

The primary responsibility for recommending judges to the Supreme Court lies with the Collegium system. The Collegium is headed by the Chief Justice of India and includes the four senior-most judges of the Supreme Court. 

2. Consultation Process:

The Collegium consults with a broader spectrum of the judiciary, including judges of the Supreme Court and the High Courts, to seek their opinions on the suitability of candidates. In some cases, eminent members of the bar and the legal academia may also be consulted.

3. Background Checks:

Once the Collegium finalizes its recommendations, they are forwarded to the Ministry of Law and Justice, Government of India. The Ministry of Law and Justice, along with other relevant government agencies, conducts a comprehensive background check of the recommended candidates. This process is designed to ensure that the appointees have an impeccable record and meet the highest standards of integrity and competence.

4. Approval by the President:

After the background checks and clearances, the names are sent to the President of India for formal appointment. The President acts on the advice of the Union Cabinet.

5. Oath of Office:

Once the President approves the appointment, the appointed judges take the oath of office, which is administered by the Chief Justice of India or, in their absence, by the senior-most judge of the Supreme Court.

Eligibility Criteria:

- To be eligible for appointment as a judge of the Supreme Court, a person must:

  •  Be a citizen of India.
  •  Have been a judge of a High Court or of two or more such courts in succession for at least five years, or
  •  Have been an advocate of a High Court or of two or more such Courts in succession for at least ten years, or
  • In the opinion of the President, be a distinguished jurist.

Tenure:

Judges of the Supreme Court hold their office until they attain the age of 65 years. They may resign earlier or be removed on the grounds of proven misbehavior or incapacity, as per the procedure outlined in the Constitution.

This appointment process is designed to maintain the independence of the judiciary and to ensure that the judges of the Supreme Court are individuals of high competence, integrity, and judicial acumen.

Qualifications:

To be appointed as a Judge of the Supreme Court

  • a person must be a citizen of India and must have been, for at least five years, 
  • a judge of a High Court or of two or more such Courts in succession, 
  • or an advocate of a High Court or of two or more such Courts in succession for at least 10 years, 
  • or a distinguished jurist in the opinion of the President.

Functions of the Supreme Court of India

The Supreme Court of India, the apex court in the country's judicial hierarchy, serves several crucial functions and responsibilities. Its primary roles and functions include:

1. Guardian of the Constitution:

The Supreme Court is the ultimate interpreter of the Indian Constitution. It has the power to declare any law passed by the Parliament or state legislatures void if it finds them to be in violation of the Constitution. 

The Supreme Court of India holds a pivotal role as the Guardian of the Constitution. This responsibility entails upholding the principles and values enshrined in the Constitution, ensuring that the laws and actions of both the executive and the legislative branches of the government are in accordance with constitutional provisions.

Under Article 143 of the Constitution, the Supreme Court has an advisory role, wherein the President of India can seek the Court's opinion on questions of law or fact that have public importance. While the advice given by the Supreme Court is not binding, it carries significant weight.

2. Final Court of Appeal:

The Supreme Court is the highest appellate court in India. It hears appeals against the judgments of the High Courts and other courts. Its decisions are final and binding on all lower courts in India. It hears appeals against judgments, decrees, orders, and sentences passed by the High Courts of various states and territories, as well as other courts and tribunals in the country. These appeals can be on matters of law, fact, or both.

The Supreme Court of India functions as the final court of appeal in the Indian judicial system, holding the apex position in the hierarchy of courts. This role is central to its function in the administration of justice in India.

3. Jurisdiction in Civil and Criminal Matters:

The Supreme Court has jurisdiction to hear both civil and criminal cases, ensuring the fair and just application of law.

  •  The Court has original jurisdiction in cases involving the enforcement of fundamental rights and in disputes between the Union and the States or between different States. 
  • The President of India can seek the Supreme Court's advice on any question of law or fact of public importance. While the advice given by the Supreme Court is not binding, it carries significant weight.
  • The Supreme Court has the power to review the constitutionality of legislative acts and executive orders of both the Union and the States. This is a crucial check and balance in the Indian political system.
  • The Supreme Court is a Court of Record, and its judgments are of evidentiary value and cannot be questioned in any court. They also have precedence value.
  • The Court accepts PILs, allowing the public to seek legal remedies in cases of public injury, enforcement of public duty, social injustice, and violation of fundamental rights.

4. Guardian of Fundamental Rights:

The Supreme Court is responsible for protecting and interpreting the fundamental rights guaranteed by the Constitution. It entertains Writs (like habeas corpus, mandamus, prohibition, quo warranto, and certiorari) for the enforcement of these rights.

The Supreme Court of India plays a critical role as the guardian of fundamental rights, which are enshrined in Part III of the Constitution of India. These rights are considered the cornerstone of Indian democracy, safeguarding the rights and freedoms of individuals against violation by the state and, in some cases, by private entities.

The Supreme Court has the authority to interpret the Constitution, including the fundamental rights. Through its judgments, the Court has not only explained the scope and meaning of these rights but also expanded their reach. For example, the right to life and personal liberty under Article 21 has been interpreted to include the right to a dignified life, right to privacy, right to livelihood, and right to education, among others.

The Court exercises the power of judicial review to examine the constitutionality of legislative and executive actions. If any law or executive order violates or undermines fundamental rights, the Supreme Court has the power to declare such laws void and unconstitutional.

The Constitution empowers citizens to approach the Supreme Court directly for the enforcement of their fundamental rights under Article 32. This provision, often referred to as the "heart and soul" of the Indian Constitution by Dr. B.R. Ambedkar, provides for the right to seek remedies through writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

The Court has been proactive in protecting the rights of the marginalized and vulnerable sections of society, including women, children, the poor, and minorities.

The Supreme Court also plays a crucial role in balancing fundamental rights with the demands of public order, morality, and health. It ensures that state power is exercised within constitutional boundaries.

As the guardian of fundamental rights, the Supreme Court of India thus stands as a bulwark against the infringement of these essential rights, ensuring the rule of law and the preservation of democratic values in the country.

5. Miscellaneous Functions:

The Court also deals with matters like granting bail, transfer of cases, review petitions, curative petitions, and contempt proceedings.

The Supreme Court of India plays a pivotal role in the Indian judicial system, balancing the powers of the legislature and the executive, while protecting the rights of citizens and maintaining the rule of law.

These functions collectively contribute to the Supreme Court's vital role in upholding the rule of law and ensuring justice in India.

This overview provides a glimpse into the composition and pivotal functions of the Supreme Court of India, which plays a critical role in the country's legal framework.

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Barristery.in: Composition and Functions of the Supreme Court of India
Composition and Functions of the Supreme Court of India
Composition and Functions of the Supreme Court of India The Supreme Court of India is the apex judicial body in the country and serves a crucial role
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