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Know about Supreme Court of India, History, Functions, Types of Cases

As the highest court in India, the Supreme Court’s judgments are binding on all other courts in the country. It serves both as the final court of appeals and final interpreter of the Constitution. Owing to these vast powers, many including Attorney General K.K. Venugopal have labelled it among the most powerful courts in the world. Its authority stems from the Constitution of India.

Supreme Court History

  • 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). 

Supreme Court of India – Functions

  • 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 center 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.

What Types of Cases Does It Hear?

The Supreme Court has jurisdiction over – the authority to hear – a wide range of cases. Its jurisdiction is generally classified into original, appellate and advisory.

Under its original jurisdiction, the Court enforces fundamental rights, hears federal disputes and can transfer cases. As a guardian of fundamental rights, the Court serves to protect citizens from the excesses of the legislature and executive. With regards to federal disputes, the Court has the exclusive authority to settle disputes between the Union and a state, or between two states. Finally, its original jurisdiction also empowers it to transfer cases – for example from one High Court to another.

While cases that fall under the Court’s original jurisdiction generally garner the most public attention, cases that fall under its appellate and extraordinary appellate jurisdictions make up a vast majority of its docket. Its appellate authority allows it to hear constitutional, civil and criminal appeals against High Court judgments. Subject to a few exceptions, litigants seeking to appeal a High Court judgment, must first seek 'leave' from the High Court. Meaning, the High Court has to certify that the appeal entails a question that needs to be settled by the Supreme Court of India.  

Eligibility of a Judge of the Supreme Court

A citizen of India not exceeding 65 years age per Article 124 of the Constitution who has been:

  • a judge of one high court or more (continuously), for at least five years,
  • an advocate there, for at least ten years,
  • a distinguished jurist, in the opinion of the president, power conferred by clause 2 of article 124 of the Constitution of India

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