Model Answer
0 min readIntroduction
The Supreme Court of India, established under the Constitution of 1950, stands as the ultimate guardian of the Constitution and the final interpreter of the law. Its jurisdiction, however, wasn’t static. It evolved significantly from its initial framework, largely inherited from the Federal Court established under the Government of India Act, 1935. Initially conceived with limited powers, the Supreme Court’s jurisdiction has expanded through constitutional amendments, judicial pronouncements, and evolving socio-political contexts, transforming it into a powerful constitutional court capable of safeguarding fundamental rights and upholding the rule of law. This evolution reflects the dynamic nature of constitutionalism in India.
Early Jurisdiction (1950-1960s): Foundation and Initial Scope
The Constitution initially outlined three main types of jurisdiction for the Supreme Court:
- Original Jurisdiction (Article 131): Disputes between the Union and States, or between two or more States. This was intended to be sparingly used.
- Appellate Jurisdiction (Articles 132-136): Appeals from High Courts in cases involving substantial questions of law regarding the interpretation of the Constitution. Article 136 granted special leave to appeal from any court or tribunal.
- Advisory Jurisdiction (Article 143): The President could seek the Court’s opinion on any question of law or fact.
Initially, the Court adopted a conservative approach, focusing on technical legal interpretations. Cases like Re Berubari Union (1960) highlighted limitations in its original jurisdiction, as the Court felt bound by procedural requirements and lacked the power to decide on the validity of treaties.
Expansion of Jurisdiction (1970s-1980s): The Era of Public Interest Litigation
The 1970s witnessed a significant shift with the emergence of Public Interest Litigation (PIL). Judges like Justice P.N. Bhagwati played a crucial role in broadening access to justice.
- PIL and Fundamental Rights: The Court relaxed traditional locus standi rules, allowing individuals and organizations to petition on behalf of marginalized groups. Cases like Hussainara Khatoon v. State of Bihar (1979) addressed the plight of undertrial prisoners.
- Judicial Review: The Court actively exercised its power of judicial review, striking down laws that violated fundamental rights or constitutional principles. The Kesavananda Bharati v. State of Kerala (1973) case established the ‘basic structure’ doctrine, limiting Parliament’s power to amend the Constitution.
This period saw the Court becoming more proactive in socio-economic issues, expanding its role beyond traditional legal disputes.
Further Refinements and Challenges (1990s-2010s): Balancing Judicial Activism and Restraint
The 1990s and 2000s saw a period of consolidation and refinement of the Court’s jurisdiction.
- Constitutional Amendments: Amendments like the 42nd (1976) and 44th (1978) impacted the Court’s powers. The 42nd Amendment attempted to curtail judicial review, but was largely reversed by the 44th Amendment.
- Collegium System: The development of the Collegium system for judicial appointments, though not explicitly mentioned in the Constitution, significantly influenced the Court’s independence and functioning.
- National Judicial Appointments Commission (NJAC): The attempt to replace the Collegium with the NJAC through the 99th Constitutional Amendment (2014) was struck down by the Court in Supreme Court Advocates-on-Record Association v. Union of India (2015), reaffirming the primacy of the judiciary in judicial appointments.
The Court faced criticism for judicial overreach and delays in case disposal, leading to calls for greater accountability and efficiency.
Recent Trends (2010s-Present): Technology and Emerging Issues
The Supreme Court has adapted to contemporary challenges, embracing technology and addressing new legal issues.
- E-Courts Project: The implementation of the E-Courts project aims to digitize court records and streamline judicial processes.
- Environmental Law: The Court has played a crucial role in environmental protection, issuing directives on pollution control and conservation.
- Data Privacy: The Court is currently grappling with issues related to data privacy and the right to privacy, as established in the K.S. Puttaswamy v. Union of India (2017) case.
The Court continues to evolve, balancing its role as a constitutional guardian with the need to address emerging societal concerns.
| Period | Key Features | Landmark Cases |
|---|---|---|
| 1950-1960s | Conservative approach, focus on technical legal interpretations, limited original jurisdiction. | Re Berubari Union (1960) |
| 1970s-1980s | Emergence of PIL, expansion of judicial review, proactive role in socio-economic issues. | Kesavananda Bharati v. State of Kerala (1973), Hussainara Khatoon v. State of Bihar (1979) |
| 1990s-2010s | Consolidation of jurisdiction, constitutional amendments impacting judicial powers, development of the Collegium system. | Supreme Court Advocates-on-Record Association v. Union of India (2015) |
| 2010s-Present | Adaptation to technology, addressing emerging issues like data privacy and environmental protection. | K.S. Puttaswamy v. Union of India (2017) |
Conclusion
The Supreme Court of India’s journey as a constitutional court has been marked by a dynamic evolution of its jurisdiction. From a relatively restrained beginning, it has transformed into a proactive guardian of the Constitution, expanding access to justice through PIL and actively exercising its power of judicial review. While facing challenges related to efficiency and potential overreach, the Court continues to adapt to contemporary issues, leveraging technology and upholding fundamental rights. Its ongoing evolution is crucial for maintaining the delicate balance between judicial independence, constitutional principles, and the needs of a changing society.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.