It has been written by Prerit Upadhaya, a law student of Vivekananda Institute of Professional Studies (VIPS-TC)

INTRODUCTION

The highest court in the land is the supreme court. The Federal Court, established by the Government of India Act 1935, was previously regarded as India's supreme court and was designed during the British colonial era. The federal court was replaced in 1950 with the establishment of the Supreme Court. The Supreme Court, as the nation's highest court, operates within the parameters of the constitution by protecting it and keeping an eye on the fundamental freedoms and rights of all individuals. It is in charge of overseeing the entire Indian legal system and interpreting the laws. In India, "there shall be a Supreme Court," according to Article 124. Any ruling by the Supreme court shall be binding on the subordinate courts.

HISTORICAL BACKGROUND

The Regulating Act of 1773, an act that was approved in pre-independence India, established the Supreme Court of that country. In Calcutta, the First Supreme Court was established as a court of record, and Sir Elijah Impey was named as its first chief justice. The court was set up to settle conflicts in Patna, Orissa, and Bengal. As a result, King George III founded the other two Supreme Courts in Bombay and Madras in 1800 and 1834.

However, the Supreme Courts in Calcutta, Bombay, and Madras were subsequently disbanded and the courts in Calcutta, Bombay, and Madras resumed their operations as High Courts shortly after the Indian High Court Act, 1861, was passed. The Government of India Act, 1935 was adopted by the British Parliament in 1935 subsequent to a resolution being approved by the Joint Select Committee, led by Lord Linlithgow.

Established by the Government of India Act, 1935, the Federal Court of India has original, appellate, and advisory jurisdiction, and it now has more judicial power than the High Court. Under the leadership of Hon. Mr. Justice Harilal Jekisundas Kania, the Federal Court of India began functioning as the Supreme Court of India on January 28, 1950, following India's independence. The Indian Constitution came into effect on January 26, 1950. According to article 124(1) of the Constitution, there shall be a Supreme Court of India, headed by the Chief Justice of India, and consisting of seven additional judges, until the legislature establishes a precedent allowing for a larger bench. But as of right now, the Supreme Court consists of 34 judges, with Mr. DY Chandrachud serving as India's Chief Justice.

OVERVIEW OF INDIAN LEGAL SYSTEM:

The significance of the Supreme Court's founding is as follows:

1) If Indian people are unhappy with the ruling of the High Court, they have one last option to seek justice from the Supreme Court, which is the highest appellate court in the country and also referred to as the top court.

2) According to Article 32 of the Constitution, Indian individuals may even file writs directly to seek redress when their fundamental rights are violated.

3) Article 13 of the Constitution grants the Supreme Court the authority to conduct judicial reviews, which enables it to overturn any law or executive action that it deems to be in conflict with the Indian Constitution.

FUNCTIONS OF SUPREME COURT:

1) It can take cases from subordinate courts

2) It can give verdicts against an appeal from the other subsidiary courts, i.e., the high courts.

3) As per Article 141 of the Constitution, laws passed by the Supreme Court,apply to all courts within Indian territory.

POWERS OF SUPREME COURT:

The Supreme Court has certain powers, that are its jurisdictions. They are as follows:

A) ORIGINAL JURISDICTION: The following are the original jurisdiction of the Supreme Court:

1) Article 131 of the Constitution states that the Supreme Court has original jurisdiction over disputes involving the federal government, a state government, or two or more state governments.

2) The SC has the authority to issue writs, orders, and directions in accordance with Article 139 of the Constitution.

3) Section 32 of the Constitution grants the SC the power to uphold fundamental rights.

4) According to Article 139A of the Constitution, if the same subject needs to be decided by the SC and is linked to a legal question, the SC may, at its discretion or on the counsel of the Attorney General of India, take up matters from the high courts while they are pending. Additionally, it can move ongoing litigation, appeals, or other legal actions from one High Court to another High Court.

B) APPELLATE JURISDICTION: The SC has appellate authority over cases pertaining to civil, criminal, or constitutional matters, as stated in articles 132, 133, and 134 of the Constitution. Article 136 also grants the SC the authority to grant special leave requested by any Indian tribunal court; however, Army courts are exempt from this.

C) ADVISORY JURISDICTION: The Supreme Court may provide legal advice to the President of India in accordance with Article 143 of the Constitution, provided that the advice is relevant to the public interest. In addition, the President may consult others on subjects pertaining to Article 131 of the Constitution.

D) REVIEW JURISDICTION: The SC has the authority to examine any laws that the legislature is considering passing, in accordance with Article 137 of the Constitution.

The Supreme Court of India has helped various law practitioners by coming up with several land mark judgments, such as Kesavananda Bharti vs. State of Kerala (1973), where the Supreme Court came up with the concept of basic structure doctrine. In this case, the constitutional bench ruled, by a 7:6 majority that parliament could amend any part of the Constitution so long as it did not alter or amend the basic structure or essential features of the Constitution.

The Supreme court has also come up with certain doctrines, such as doctrine of harmonious construction, in the famous case of DAV COLLEGE BHATINDA VS STATE OF PUNJAB 1971, where the apex court allowed for the existence of both Hindi and Punjabi languages for examination purposes by balancing the law passed by the state with that of parliament.

CONCLUSION:

The highest appellate court in our jurisdiction is the Supreme Court. The people of India are declaring justice with its establishment. The Supreme Court's authority is granted to guarantee a just trial in cases involving the Indian Constitution, hence safeguarding the largest democratic state globally.

References:

1. CITATION: (1973) 4 SCC 225; AIR 1973 SC 1461
2. CITATION: 1971 AIR 1731 1971 SCR 677