The Supreme Court of India stands as the highest judicial authority in the country. Often referred to as the guardian of the Constitution, it plays a pivotal role in shaping Indian democracy, protecting fundamental rights, and delivering justice. For over seven decades, the Supreme Court has been at the centre of some of the most important legal, social, and political developments in India.
In this blog, we take a deep dive into the role, functions, and impact of the Supreme Court of India — and why it remains one of the most powerful institutions in the country.
The Birth of the Supreme Court
The Supreme Court of India was established on 28 January 1950, just two days after India became a Republic. It replaced the Federal Court of India and the Judicial Committee of the Privy Council. With the adoption of the Constitution, the Supreme Court was given the responsibility of upholding the rule of law and acting as the final interpreter of the Constitution.
From its humble beginnings with just 8 judges, the Supreme Court has grown significantly. Today, it has a sanctioned strength of 34 judges, including the Chief Justice of India.
Constitutional Role of the Supreme Court
The Supreme Court derives its powers from the Constitution of India. Its role can be broadly understood through the following functions:
1. Guardian of the Constitution
The Supreme Court has the power of judicial review. This means it can examine whether any law made by Parliament or a State Legislature violates the Constitution. If a law is found to be unconstitutional, the Court can strike it down. This power has helped protect the basic structure of the Constitution on multiple occasions.
2. Protector of Fundamental Rights
Through Article 32 of the Constitution, the Supreme Court can issue writs (such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) to protect the fundamental rights of citizens. This provision has made the Supreme Court the last resort for people whose rights have been violated.
3. Appellate Jurisdiction
The Supreme Court is the highest appellate court in India. It hears appeals from High Courts in both civil and criminal matters. It also has the power to grant Special Leave Petitions (SLPs) under Article 136, allowing it to hear cases from any court or tribunal in the country.
4. Original Jurisdiction
Under Article 131, the Supreme Court has original jurisdiction in disputes between:
- The Government of India and one or more States
- Two or more States
These are cases that cannot be filed in any other court.
5. Advisory Jurisdiction
Under Article 143, the President of India can seek the advice of the Supreme Court on questions of law or fact. While this advice is not binding, it carries significant moral and legal weight.
Landmark Judgments That Shaped India
Over the years, the Supreme Court has delivered several historic judgments that have had a lasting impact on Indian society:
- Kesavananda Bharati Case (1973): Established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution.
- Maneka Gandhi Case (1978): Expanded the meaning of “personal liberty” under Article 21.
- Vishaka Guidelines (1997): Laid down guidelines to prevent sexual harassment at the workplace.
- Navtej Singh Johar Case (2018): Decriminalised homosexuality by striking down parts of Section 377.
- Joseph Shine Case (2018): Struck down the colonial-era adultery law.
- Right to Privacy Judgment (2017): Recognised the right to privacy as a fundamental right.
These judgments show how the Supreme Court has not only interpreted the law but also acted as a catalyst for social change.
The Supreme Court’s Impact on Indian Democracy
The Supreme Court has played a crucial role in strengthening Indian democracy in several ways:
- It has acted as a check on the executive and legislature through judicial review.
- It has protected the rights of minorities, women, and marginalised communities.
- Through Public Interest Litigations (PILs), it has made justice more accessible to ordinary citizens.
- It has upheld the principles of secularism, federalism, and separation of powers.
In many ways, the Supreme Court has filled the gaps left by the other two branches of government, especially during times of political instability or legislative inaction.
Challenges Before the Supreme Court
Despite its strong position, the Supreme Court faces several challenges today:
- Huge Pendency of Cases: Over 80,000 cases are pending before the Supreme Court.
- Delay in Justice: Many cases take years to reach final disposal.
- Criticism of Judicial Activism: Some believe the Court sometimes oversteps its boundaries.
- Access to Justice: Approaching the Supreme Court remains expensive and difficult for common people.
- Need for Structural Reforms: Issues like the collegium system, appointment of judges, and court infrastructure continue to be debated.
The Role of Litigation Funding in Supreme Court Matters
Reaching the Supreme Court is often a long and expensive journey. Many important cases involving public interest, constitutional questions, or individual rights require significant financial resources for legal representation, research, and prolonged litigation.
This is where litigation funding plays an important role. It helps individuals, groups, and organisations pursue justice at the highest level without being held back by financial constraints. By supporting strong legal cases, litigation funding contributes to the larger goal of upholding justice in the country.
Conclusion: The Supreme Court as the Conscience of the Nation
The Supreme Court of India is much more than just the highest court of the land. It is the conscience keeper of the Constitution and a symbol of hope for millions of citizens. Through its judgments, it has protected democracy, expanded rights, and brought about meaningful social change.
As India continues to grow and face new challenges, the role of the Supreme Court will remain critical. Whether it is protecting individual liberties, resolving Centre-State disputes, or interpreting the Constitution in changing times, the Supreme Court will continue to shape the future of the nation.
Upholding justice is not just the duty of the Supreme Court — it is a collective responsibility. And institutions like the judiciary, supported by strong legal frameworks and access to justice mechanisms, remain essential to this mission.