The Supreme Court of India: Structure, Powers, and Role in Democracy

The Supreme Court of India

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Comprehensive overview: history, structure, powers, landmark judgments, PIL, challenges & reforms

1. Introduction

The Supreme Court of India is the highest judicial authority in the country and the final court of appeal under the Constitution. It acts as the guardian of the Constitution, protector of fundamental rights, and arbiter of disputes between the Union and States. The Court upholds the rule of law and interprets the Constitution to adapt to changing social, political and economic realities.

2. Historical Background

The legal history of British India culminated in the Privy Council in London and subsequently the Federal Court (established by the Government of India Act, 1935). When India adopted its Constitution, the Supreme Court was created on 26 January 1950 as the apex domestic court, replacing the Federal Court and ending appeals to the Privy Council. The Court’s first sitting took place on 28 January 1950.

3. Constitutional Provisions

The Supreme Court’s foundation and functions are enshrined in Articles 124–147 of the Constitution. These provisions define its composition, appointment process, jurisdictional powers, and procedural safeguards that preserve judicial independence.

4. Composition

The sanctioned strength of the Supreme Court (including the Chief Justice) has varied over time to meet rising caseloads. Judges are appointed by the President after consultation; in practice, this takes place through the Collegium system — a consultative mechanism led by the Chief Justice of India and senior colleagues. Judges retire at age 65, and removal is possible only by impeachment following a prescribed parliamentary process.

5. Jurisdiction and Powers

The Supreme Court exercises multiple jurisdictions:

  • Original jurisdiction — disputes between the Union and States, or between States (Article 131).
  • Appellate jurisdiction — final appeals in civil and criminal matters from High Courts and certain tribunals (Articles 132–134).
  • Special Leave Petitions (SLP) — under Article 136 the Court may grant leave to appeal from any judgment of any court.
  • Advisory jurisdiction — the President may refer important questions of law or fact (Article 143).
  • Writ jurisdiction — under Article 32 citizens can move the Court directly for enforcement of fundamental rights.
  • Judicial review — the power to examine the constitutionality of statutes and executive action.

6. Landmark Judgments

Several Supreme Court decisions have shaped constitutional law and public policy. Key examples include:

  • Kesavananda Bharati v. State of Kerala (1973) — established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution so as to preserve core constitutional features.
  • Golaknath v. State of Punjab (1967) — an earlier ruling that limited Parliament’s amending power with respect to Fundamental Rights (later refined by Kesavananda).
  • Maneka Gandhi v. Union of India (1978) — broadened the scope of Article 21 (life and personal liberty), linking substantive due process to reasoned procedure.
  • Vishaka v. State of Rajasthan (1997) — introduced guidelines to prevent sexual harassment at the workplace (precursor to statutory law).
  • Navtej Singh Johar v. Union of India (2018) — decriminalized consensual same-sex relations by striking down parts of Section 377 IPC.

7. Public Interest Litigation (PIL)

PIL expanded access to justice by relaxing the strict requirement of locus standi. It enabled social activists and public-spirited individuals to bring matters before the Court on behalf of groups unable to approach courts themselves. PILs have led to reforms in prison administration, environmental protection, bonded labour eradication, and other social remedies.

8. Role as Guardian of the Constitution

The Supreme Court protects fundamental rights, maintains federal balance, interprets constitutional text, and enforces the doctrine of separation of powers through judicial review. Its decisions bind all courts in India (Article 141), making the Court’s pronouncements a primary source of Indian law.

9. Judicial Independence

To secure impartial adjudication, the Constitution provides tenure, remuneration safeguards and a high threshold for removal of judges. Appointment through judicial collegium, though debated, has been defended as a bulwark against executive capture.

10. Contemporary Challenges

The Court faces problems common to many high courts globally: a large backlog of cases causing delay, debates over the transparency of appointments, occasional allegations of judicial overreach, and the need to modernize infrastructure and adopt e-judiciary practices. Ensuring access to justice for economically disadvantaged groups remains a continuing priority.

11. Reforms & The Way Forward

Suggested reforms include increasing judicial strength, improving case management and alternate dispute resolution (ADR) mechanisms, strengthening lower judiciary, enhancing transparency in appointments, and wider adoption of technology for e-filing, remote hearings, and backend case-workflow.

12. Conclusion

The Supreme Court of India remains central to the preservation and development of constitutional order. Its evolving jurisprudence, interventions through PIL, and defense of fundamental rights collectively contribute to the deeper health of Indian democracy. While challenges persist, continued reforms and increased public trust can ensure that the Court remains an effective guardian of justice.

Last updated: November 2025 • For educational and informational use. Content may be adapted for assignments or web publishing.

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