THE SUPREME COURT IS GUARDIAN OF CONSTITUTION OF INDIA
Category: Constitutional
「 ✦ Content ✦ 」
The names for such courts can differ depending on the jurisdiction. Supreme courts typically function solely as appellate courts, hearing appeals at an intermediate level from trial or appeal courts. In fact, multiple countries have several supreme courts, each serving as the final court of appeal for a specific geographic area or specific area of law. Many established case laws of higher courts are applicable to their respective jurisdictions or enforce coded rules in civil law countries to ensure a consistent interpretation. Many common-law countries follow the principle of stare decisis, where previous court decisions serve as legal precedents within their jurisdiction for the same or lower-level courts. The Supreme Court holds the highest and final authority over any rulings.
Keywords- Supreme Court, Jurisdiction, Constitution.
INTRODUCTION-
Justice encompasses the concepts of ethics, morals, natural law, fairness, equality, and equity. Justice is the cornerstone of civilization, representing the proper arrangement of things and people. At its core, it signifies equality among nations. In his book 'A Theory of Justice,' John Rawls uses a social contract argument to illustrate that justice, particularly distributive justice, embodies a form of fairness: an equal distribution of goods. Rawls prompts us to imagine ourselves behind a veil of ignorance that eliminates any awareness of our individualities, social standing, moral principles, income, talents, and life plans, and then asks what theory of justice we would choose to govern our society if we aimed to act in our best interests when the veil is lifted.
The supremacy of the law, with broader socio-legal implications, upholds the integrity of the judiciary by delivering justice to those who seek it. The phrase 'Satyameva Jayate' encapsulates the essence of the aspirations and ideals of the Indian judicial system. The judiciary, by imposing penalties on wrongdoers, instills confidence in the people regarding the rule of law and the authority of justice. Therefore, anyone attempting to obstruct the judicial process and subvert the course of justice is deemed a criminal in the eyes of the law. The judiciary, as the guardian of equality sought by Indians, was envisioned as an arm of the democratic movement. There is a separation of powers between the central and state governments. To uphold the supremacy of the constitution, disputes between the central and state governments must be resolved by an impartial and neutral body. The Supreme Court serves as an arbitrator in this regard. It is the ultimate interpreter and protector of the Constitution. Additionally, it safeguards the civil rights of the people. As the "guardian of social reform," the Supreme Court must represent.
THE SUPREME COURT OF INDIA-
The President of India appoints the Chief Justice and other judges of the Supreme Court. When appointing the Chief Justice, the President is constitutionally required to consult other judges of the Supreme Court as deemed proper, with the outgoing Chief Justice always being consulted. The senior most judge of the Supreme Court is typically appointed as the Chief Justice of India, although there is no constitutional requirement to do so. In the case of appointing other judges, the President is obligated to consult the Chief Justice and other senior judges if deemed proper.
In the event of a vacancy or potential vacancy in the Supreme Court, the Chief Justice and four other most senior judges consider various names and recommend the individuals to be appointed as judges of the Supreme Court. This system is based on a ruling of the Constitutional Bench of the Supreme Court, which was established in 1993 and reaffirmed in 1999. Consequently, while the Constitution stipulates that the President is the appointing authority of the Supreme Court judges, the ruling of the Supreme Court has effectively become binding on the President since 1999. The power of selecting judges has been delegated to a group of Supreme Court judges known as the Collegium of the Court. The President now carries out the formality of appointing the nominee of the Supreme Court after the Law Ministry formally recommends these names to him.
I) Qualification, Tenure & Removal of Judges-
To qualify for appointment as a judge, a person must be a citizen of India and fulfill one of the following conditions-
a) served as a Judge of a High Court for at least five years or two or more such courts;
b) practiced as an advocate of a High Court for at least ten years or of two or more such courts; or
c) is considered by the President to be a distinguished jurist.
The Chief Justice of India and other judges of the Supreme Court hold office until they reach the age of 65 years. A judge may choose to resign before the expiration of their term. In exceptional cases, a Supreme Court judge may be removed before the age of retirement, following the procedure outlined in the Constitution. A judge of the Supreme Court can be removed from office by an order of the President after an address by each House of the Parliament, supported by a majority of the total membership of the House and not less than a two-thirds majority of the members of the House present and voting, passed in the same session, has been presented to the President for such removal on the grounds of proved misbehavior or incapacity.
So far, proceedings for removal have only been initiated in one case against a judge of the Supreme Court, but they could not be removed because the resolution could not be passed by the Parliament. It is evident that Supreme Court judges have security of tenure, and the executive cannot arbitrarily remove them.
II) A Court of Record-
The Supreme Court is a Court of Record, which means that all its decisions and judgments are considered precedents in all courts of the country and have the force of law, binding on all lower courts and the High Courts. As a Court of Record, the Supreme Court has the authority to imprison individuals for contempt of the court.
III) Jurisdiction of the Supreme Court-
The jurisdiction of the Supreme Court refers to the scope of its powers to hear and decide cases. It encompasses three types of jurisdictions: original, appellate, and advisory. Let's explore these three jurisdictions.
1. Original Jurisdiction-
Original Jurisdiction refers to cases exclusively falling under the Supreme Court's jurisdiction, meaning they must begin or originate in the Supreme Court and cannot be initiated in any other court. These include disputes between the Government of India and one or more States, disputes between two or more States, and cases related to the enforcement of Fundamental Rights. Additionally, the Supreme Court can directly hear cases under Public Interest Litigation (PIL), although this is not mentioned in the Constitution.
2. Appellate Jurisdiction-
Appellate Jurisdiction is the power of a higher court to hear and decide appeals against the judgments of lower courts. The Supreme Court has extensive appellate jurisdiction, hearing appeals against the judgments of the High Courts, making it the highest and final Court of Appeal. Appeals can be filed in Civil, Criminal, and Constitutional cases.
(i) Appeals in Civil Cases-
Appellate Jurisdiction is the power of a higher court to hear and decide appeals against the judgments of lower courts. The Supreme Court has extensive appellate jurisdiction, hearing appeals against the judgments of the High Courts, making it the highest and final Court of Appeal. Appeals can be filed in Civil, Criminal, and Constitutional cases.
(ii) Appeals in Criminal Cases-
An appeal to the Supreme Court against a High Court decision in a criminal case can be made in various circumstances. Initially, if the High Court overturns an appeal or an order of acquittal from a lower court and imposes a death sentence on the accused, they have the right to appeal to the Supreme Court. Additionally, an appeal can be brought to the Supreme Court if the High Court takes a case from a lower court, finds the accused guilty, and imposes a death sentence. In such cases, appeals can be made as a matter of right without requiring a certificate from the High Court. An appeal in cases other than these two scenarios may also be taken to the Supreme Court if the High Court provides a certificate deeming the case fit for appeal. If the High Court refuses to certify a case as fit for appeal to the Supreme Court, one may request special leave to appeal directly from the Supreme Court. The Supreme Court may grant such special leave at its discretion, but only in exceptional cases.
(iii) Appeals in Constitutional Cases-
Appeals in Constitutional Cases involve matters arising from different interpretations of the Constitution, particularly concerning fundamental rights. In such cases, an appeal can be made to the Supreme Court only if the High Court certifies that the matter in dispute involves a significant legal question. If the High Court denies a certificate for appeal to the Supreme Court, the Supreme Court can exercise its discretion and grant special leave to appeal at its own accord.
3. Advisory Jurisdiction-
Advisory Jurisdiction refers to the Court's authority to provide advice when requested. Under advisory jurisdiction, the President of India may refer any legal question or matter of public importance to the Supreme Court for advice. However, the Supreme Court is not obligated to provide advice, and the President may choose whether or not to accept it. The Court's advice is not binding on the President, although he has always accepted it when given. The Court declined to give its advice on the question of whether a temple existed at the site where Babri Masjid was built in Ayodhya.
IV) GUARDIAN OF THE CONSTITUION-
The Constitution of India is the highest law of the land, and the Supreme Court is responsible for interpreting and safeguarding it. It prohibits the executive or the Parliament from violating any provision of the Constitution and can review any government action that allegedly violates any provision of the Fundamental Rights. This power of the Supreme Court, known as Judicial Review, underscores its role as the guardian of the Constitution. It is also referred to as 'a champion of liberties' and 'a watchdog of democracy'.
In this context the role and the functions of the Supreme Court are wide and comprehensive.
1. Protector of Fundamental Rights-
The Supreme Court, along with the High Courts, has the authority to issue directions, orders, and writs for the enforcement of fundamental rights. These Writs, such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, establish the Supreme Court as a defender and protector of fundamental rights. This empowers the Court to ensure compliance with the Constitution in cases of law or right violations, providing security for the citizens of India in terms of fundamental rights. Additionally, the Supreme Court has the jurisdiction to invalidate any legislation that infringes upon fundamental rights, demonstrating its role as a guardian of fundamental rights.
2. Review of own Judgment-
In the event that the Supreme Court identifies new facts, evidence, or errors in its previous decisions, it possesses the authority to review and modify its rulings. This typically occurs when a review petition is submitted, and the review process usually involves a larger bench than the one that initially heard the case.
V) JUDICIAL REVIEW-
The examination of whether a law or executive action aligns with the Constitution is known as judicial review. The Supreme Court of the United States was the first to acquire this power, which is now freely exercised by the Supreme Court of India and many other countries, including our High Courts. Judicial review does not entail the review of every law passed by the legislature; it means that the Court will review the law when given the opportunity. This can happen when the validity of a law is challenged or when a person or institution feels that their rights are violated.
In a democratic country like India, the power of Judicial Review is crucial for safeguarding people's rights. Additionally, the Supreme Court plays a significant role in interpreting various provisions of the Constitution, and its rulings are considered the law of the land.
The Supreme Court has actively upheld civil liberties and fundamental rights, such as the Right to Equality and the Right to Freedom. It has justified benefits or concessions through Protective Discrimination and expanded the right to freedom by implying the freedom of press within the right to freedom of expression.
The Court has also recognized the Right to Know and ruled that the Right to life includes the right to education and a clean environment. Furthermore, the Supreme Court has emphasized the importance of timely resolution of cases and has stressed that delay in trial constitutes denial of justice.
It has also highlighted the fundamental rights of under trials, such as speedy trials, release on bail, and free legal aid to the poor. Through its power of judicial review, the Supreme Court has made historic decisions to safeguard the rights of individuals, including linguistic rights, religious rights, and welfare measures for vulnerable sections of society.
It has also taken action to protect against bonded labor and prevent the exploitation of women, children, and deprived segments of society.
The Supreme Court, through "judicial activism," has made significant decisions, such as mandating the compulsory use of CNG fuel for public transport vehicles in Delhi to control pollution. In the interest of safeguarding people's lives, the use of helmets has been mandated for both riders and passengers of two-wheelers.
Judicial review plays a crucial role in upholding the rights of individuals and preventing any breach of the Constitution. Through various interpretations, it has not only safeguarded but also broadened the scope of the Constitution.
CONCLUSION-
In conclusion, our Constitution upholds the entitlement of all individuals to certain inherent rights, and governments are established to protect these rights with the consent of the governed. Should any laws undermine these objectives, the people have the right to withdraw their consent and institute a new government.
The Constitution assumes that, for the majority of citizens, the common good aligns with the preservation of human rights. The provisions of the Constitution, initially framed economically, have been dynamically expanded by the Supreme Court and High Courts across the nation to address evolving needs, making them relevant and impactful for the people of India. Our Constitution is a remarkable document, crafted with skill and loyalty by the citizens, rooted in deep moral principles and timeless values. With its noble vision of justice, it embodies enduring virtues.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide.
WRITTEN BY: ALOK CHHAPARWAL
GUIDED BY: ADVOCATE ANIK
