supreme court established in india

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31-10-2024

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The Supreme Court of India: Guardian of the Constitution

The Supreme Court of India, established on January 26, 1950, stands as the highest judicial body in the nation. It's the apex court, entrusted with the responsibility of safeguarding the Constitution and ensuring justice for all citizens.

A Legacy of Justice:

The Supreme Court's origins lie in the Government of India Act of 1935, which laid the foundation for a federal court system. After India gained independence, the Constituent Assembly envisioned a strong and independent judiciary, enshrined in the Constitution.

Structure and Composition:

• The Supreme Court comprises a Chief Justice of India (CJI) and a maximum of 34 other judges.
• Judges are appointed by the President of India, after consultation with the CJI and other senior judges.
• The CJI is the head of the Indian judiciary and presides over the Supreme Court.
• The Court has original, appellate, and advisory jurisdictions, meaning it can hear cases directly, review decisions of lower courts, and offer advice to the government on legal matters.

Key Functions:

• Safeguarding the Constitution: The Supreme Court acts as the ultimate interpreter of the Constitution, ensuring its principles are upheld. It has the power to strike down laws that violate the Constitution through its judicial review power.
• Ensuring Justice: The Court provides justice to individuals and institutions, resolving disputes and upholding fundamental rights. It hears appeals from lower courts and delivers final judgments in cases involving significant legal and social issues.
• Protecting Fundamental Rights: The Supreme Court plays a crucial role in safeguarding the fundamental rights of citizens enshrined in the Constitution. This includes rights to equality, freedom of speech and expression, and protection against exploitation.
• Judicial Activism: The Supreme Court has been known for its proactive approach in addressing social issues and upholding the rule of law. It has issued landmark judgments in various areas, including environmental protection, human rights, and social justice.

Landmark Judgments:

• Kesavananda Bharati v. State of Kerala (1973): This case established the doctrine of "basic structure" of the Constitution, limiting the Parliament's power to amend it.
• Maneka Gandhi v. Union of India (1978): This judgment broadened the scope of the right to life and liberty under Article 21, incorporating various aspects like dignity and privacy.
• Vishaka v. State of Rajasthan (1997): This case laid down guidelines for prevention of sexual harassment at workplaces, paving the way for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Challenges and Future:

The Supreme Court faces challenges in managing its workload, ensuring timely justice, and upholding public confidence. However, it continues to evolve, adapting to changing social realities and playing a vital role in safeguarding the Indian democracy and upholding the rule of law.

Conclusion:

The Supreme Court of India stands as a beacon of justice and a cornerstone of the Indian democracy. Its existence guarantees a fair and impartial judiciary, protecting the rights of citizens and ensuring the Constitution's enduring legacy. The Court's continued relevance and impact demonstrate its commitment to upholding the principles of justice, equality, and the rule of law.