History of the Indian Supreme Court
The Indian Supreme Court was established on January 28, 1950, under the Constitution of India, which came into effect on the same day. The Court succeeded the Federal Court of India, which was established under the Government of India Act, 1935.
The first Chief Justice of India was Harilal Jekisundas Kania, who was appointed on January 26, 1950. Since then, the Supreme Court has grown in stature and importance and has played a crucial role in shaping India's legal system.
Structure and Function of the Indian Supreme Court
The Indian Supreme Court is composed of a Chief Justice of India and 33 judges. The judges are appointed by the President of India on the recommendation of the Chief Justice of India and other senior judges.
The Court has two types of jurisdictions: original jurisdiction and appellate jurisdiction. The original jurisdiction of the Supreme Court allows it to hear cases that are brought to it directly, while the appellate jurisdiction allows it to hear appeals from lower courts.
The Indian Supreme Court also has the power of judicial review, which means that it can declare any law or executive action unconstitutional if it is found to be in violation of the Indian Constitution.
Landmark Cases Heard by the Indian Supreme Court
Over the years, the Indian Supreme Court has heard many landmark cases that have had a significant impact on Indian society. Some of these cases include:
Kesavananda Bharati v. State of Kerala (1973): This case is widely regarded as the most important constitutional case in Indian history. In this case, the Supreme Court held that the Indian Constitution has a "basic structure" that cannot be amended by Parliament.
Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court held that the right to travel abroad is a fundamental right under the Indian Constitution.
Vishaka v. State of Rajasthan (1997): This case dealt with the issue of sexual harassment of women at the workplace and led to the formulation of guidelines to prevent such harassment.
Naz Foundation v. Government of NCT of Delhi (2009): This case dealt with the decriminalization of homosexuality in India and led to the striking down of Section 377 of the Indian Penal Code.
Conclusion
The Indian Supreme Court is a vital institution in the Indian legal system and plays a critical role in ensuring that justice is served to all citizens of the country. Through its landmark judgments, the Supreme Court has shaped Indian society and brought about significant changes in the country's legal framework.