Q.)SC is the highest judicial court in India. It upholds the rule of law and also guarantees and protects citizens’ rights and liberties as given in the Constitution.Comment
Why this Question:
Important part of GS Paper- II
Key demand of the question:
Importance of Supreme Court as guardian of the Constitution
Directive:
Comment- Pick out the main points on a subject and give your opinion, reinforcing your point of view using logic and reference to relevant evidence, including any wider reading you have done.
Introduction:
Introduce by the functions of SC
Body:
In the first part, explain the current situation of Indian judiciary and what problems it is facing
In the next part, highlight some landmark decisions taken by SC to uphold Constitutionality
Conclusion:
Conclude with the importance of an effective judiciary in a democracy
Model Answer
The Federal Court of India was created as per the Government of India Act 1935.
This court settled disputes between provinces and federal states and heard appeals against judgements of the high courts. After independence, the Federal Court and the Judicial Committee of the Privy Council were replaced by the Supreme Court of India, which came into being in January 1950. The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 puisne Judges. The number of SC judges was increased by the Parliament and currently, there are 34 judges including the Chief Justice of India (CJI).
It takes up appeals against the verdicts of the High Courts, other courts and tribunals. It settles disputes between various government authorities, between state governments, and between the centre and any state government.
It also hears matters which the President refers to it, in its advisory role. The SC can also take up cases suo moto (on its own). The law that SC declares is binding on all the courts in India and on the Union as well as the state governments.
The Constitution has many provisions to ensure the judiciary’s independence. They are discussed below:
- Security of tenure: The judges of the SC are given security of tenure. Once appointed, they will retain their office until the age of 65 years. They can be removed only by a presidential order on grounds of proven misbehaviour and/or incapacity. This requires a Special Majority according to Article 368. Read more about the types of majorities in Parliament in the linked article.
- Salaries and allowances: The judges of the SC enjoy good salaries and allowances and these cannot be decreased except in the case of a financial emergency. The expenses of the High Court are charged on the Consolidated Fund of the State, which is not subject to vote in the state legislature.
- Powers and Jurisdiction: The SC’s powers and jurisdiction can only be added by the Parliament and not be curtailed.
- The conduct of any judge of the Supreme Court in the discharge of his/her duties cannot be discussed in the legislature.
- The SC has the power to punish any person for its contempt, as per Article 129. (Read about Contempt of Court in India in the linked article.)
- Separation of the Judiciary from the Executive: A Directive Principle of State Policy says that the state shall take steps to separate the judiciary from the executive in the public services of the state. According to Article 50, there shall be a separate judicial service free from executive control.
