Supreme Court of India

The Supreme Court of India stands as the nation’s highest judicial body and final court of appeal for all civil and criminal matters. It came into being on 26 January 1950, the day India declared itself a republic, taking over from the Judicial Committee of the Privy Council as the country’s top appellate court. The Chief Justice of India heads the court, which currently has a sanctioned strength of 34 judges (including the Chief Justice), meaning up to 33 additional judges. Since 1958, its proceedings have been held in the Supreme Court building in New Delhi. Because it can launch its own actions, hear appeals from every lower court, and even strike down constitutional amendments, it is often considered one of the most powerful supreme courts anywhere. The court was created under the Constitution of India and exercises original, appellate, and advisory jurisdiction. As the highest constitutional court, it mainly hears appeals against decisions from state High Courts and various tribunals. When the president of India refers a matter, the court offers advisory opinions. It also wields the power of judicial review, allowing it to invalidate ordinary laws and constitutional amendments—a power rooted in the “basic structure” doctrine it developed during the 1960s and 1970s. The Constitution tasks the Supreme Court with protecting citizens’ fundamental rights and resolving legal disputes between the central government and state governments. Its rulings are binding on all other Indian courts, as well as on the union and state governments. Under Article 142, the court holds inherent authority to issue any order it deems necessary to deliver complete justice, and such orders are binding on the president for enforcement. In 1861, the British Parliament passed the Indian High Courts Act and the Indian Councils Act, which abolished the earlier Supreme Courts in Calcutta, Madras, and Bombay, along with the Sadr Diwani Adalats. This allowed the English crown to set up High Courts in India. On 26 June 1862, letters patent established three charter High Courts in those same cities. These High Courts served as the highest judicial authority in their regions until the Federal Court of India was created under the Government of India Act 1935.