The supreme court of India was established for the first time for the promulgation of the Regulating Act of 1773[1] by the British Parliament for establishing in the city of Calcutta (Kolkata) as first in the country, later on it was shifted to its current place in Delhi following new legislation to establish a federal court[2] , and later on the Supreme Court found its very first existence in Independent India when India attained Republic title in the year of 1950[3].
With Supreme Court having its first sitting on 28th January 1950. Hence with this we can conclude that The Supreme Court of India had a long existential history. The aim of establishing the Supreme Court is to maintain check and balance of legislation and executive, in the forms of power distributions and taken decisions.
Also, it acts like a last resort of vesting fundamental rights and duties upon citizens, and to make sure treat every single citizen of this country equally before law[4].
It also ensures that there is absolute and complete adherence to the laws prevailing in the country to maintain harmony peace and a balance in the society. Over the years Supreme Court has given tons of precedents and judgments [5], some of them have been criticized by the public and praised by political pandits, whereas in some places some judgments have been praised by both the public as well as by political pandits. The Supreme Court and Judiciary have a great and huge role and impact to play in the socio-fabric nature and dynamics of the country and with such big responsibility, it is very much expected and needed by the Supreme court to be neutral and non-biased with its approach.
There have been constant heated arguments revolving around the streets of debates about the working algorithm or approach of the Supreme Court in recent times. The court does that mean failure to maintain a unbiased approach and does that reflect in the judgements..? The answer is NO, the judiciary has always tried to be very neutral and has never favored any single side. We have seen judgements like Kesavananda Bharti v. U.O.I.[6], where the Supreme Court has defined the basic structure of the constitution where it is said by the Supreme Court that the basic structure of constitution cant be changed, which means the preamble[7] of India can never be amended, which till date is considered as one of the landmark judgments by the honorable supreme court of India.
Landmark judgments and societal impact-
In over 7 decades of existential history of the apex judiciary body, it has pronounced various judgments and some of them turned out to be landmark judgments. Which has eventually contributed in shaping the society to some or to a limited extent.
One of those judgments pronounced by the honorable Supreme Court was, the challenge petition of Abrogation of article 370[8], where the Supreme Court having the constitutional bench consisting of former CJI D.Y. Chandrachud Sir, Justice S.K. Kaul Sir, Justice Sanjiv Khanna Sir, Justice B.R. Gavai Sir, Justice Surya Kant Sir. It was thoroughly examined, read argued, and listened by the bench and they came to the conclusion that, the abrogation of Article 370 was duly done with the law and its provisions and that there was no fault or no legal provision was compromised by the Central Government in doing so, the res- judicata of the bench while giving the judgment was, in the favor of the central government as the abrogation of article 370 was upheld by the honorable supreme court of India. So these few instances can be understood as the main function of the judiciary towards betterment of Indian society and harmony.
[1] The Regulating Act 1773 (13 Geo 3 c 63).
[2] Government of India Act 1935, s 200.
[3] Constitution of India 1950, Preamble.
[4] Constitution of India 1950, Part III (Arts 12–35).
[5] SCC Online, ‘Case Law Database’ https://www.scconline.com accessed 16 December 2024.
[6] Kesavananda Bharati v State of Kerala (1973) 4 SCC 225.
[7] Constitution of India 1950, Preamble.
[8] Mohd. Akbar Lone and Others v. Union of India and Others (2023)
About the author
ANUNAY SHARMA
Symbiosis Law school , NOIDA
Mail- [email protected]
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