Establishment of Supreme Court in India
The establishment of the Supreme Court of India is outlined in the Constitution of India, which was adopted on January 26, 1950. Here’s how it’s established according to the constitution:
1. Constitutional Provisions: Articles 124 to 147 of the Indian Constitution deal specifically with the organization, jurisdiction, powers, and procedures of the Supreme Court.
2. Composition: Article 124 provides for the establishment and composition of the Supreme Court. It states that the court shall consist of a Chief Justice of India (CJI) and such number of other judges as determined by Parliament. However, the Constitution doesn’t specify the exact number of judges. The President of India appoints the judges based on recommendations from the CJI and a collegium of senior judges.
3. Jurisdiction: Article 131 grants the Supreme Court original jurisdiction in disputes between the Government of India and one or more States or between two or more States. It also has appellate jurisdiction over decisions of High Courts and other tribunals as provided by law.
4. Independence: The Constitution guarantees the independence of the Supreme Court. The judges enjoy security of tenure and cannot be removed except by a process of impeachment for proven misconduct or incapacity. Their salaries and allowances are charged on the Consolidated Fund of India and are not subject to parliamentary votes.
5. Advisory Jurisdiction: Article 143 empowers the President of India to seek the opinion of the Supreme Court on questions of law or fact of public importance. However, the court’s opinion is not binding on the President.
6. Roles and Functions: The Supreme Court acts as the guardian of the Constitution, interpreting its provisions, and ensuring their enforcement. It is the highest court of appeal in the country and has the authority to review laws and executive actions for their constitutionality.
7. Appellate Jurisdiction: Apart from being the final court of appeal in civil and criminal matters, the Supreme Court hears appeals in cases involving substantial questions of law as to the interpretation of the Constitution.
The establishment of the Supreme Court of India through the Constitution reflects the commitment to the rule of law, separation of powers, and independence of the judiciary in India’s democratic framework.