02-September-2024-Special-Article

75 YEARS OF THE SUPREME COURT OF INDIA: KEY HIGHLIGHTS AND CHALLENGES

As the Supreme Court of India celebrates its 75th anniversary, several landmark moments mark its journey in shaping the country’s democracy.

Established on 26th January 1950, the Court has been pivotal in upholding constitutional values, protecting citizens’ rights, and ensuring justice for all.

To commemorate this milestone, the President of India unveiled a new flag and insignia, featuring the Ashoka Chakra, the Supreme Court building, and the Constitution of India. A commemorative postage stamp was also released by the Prime Minister to honor 75 years of the Court’s existence.

Role of the Supreme Court in Strengthening Democracy

• The judiciary has been a critical pillar of democracy, safeguarding liberal values and constitutional principles.
• The Court acts as the guardian of the Constitution, ensuring the protection of marginalized communities and serving as a counter-majoritarian institution.
• It has consistently upheld individual rights and freedoms, playing a key role in preserving the democratic fabric of India.

Evolution of the Supreme Court: Four Phases

The Supreme Court’s journey can be divided into four major phases that reflect its evolving role in democracy, governance, and personal liberty.

First Phase (1950-1967): Constitutional Adherence and Judicial Restraint

• Conservative Approach: The Court maintained a conservative stance during the initial years post-independence, strictly adhering to the constitutional text.
• Judicial Review: Focused on checking the constitutionality of laws passed by the legislature, without overstepping its boundaries.
• Limited Ideological Influence: The Court avoided being swayed by political ideologies such as socialism or affirmative action.

• In the Kameshwar Singh case (1952), the abolition of zamindari was declared illegal, but constitutional amendments passed by Parliament were respected.

• Legislative Supremacy: The Court avoided confrontation with the legislature, as seen in the Champakam Dorairajan case (1951), where reservations were struck down for violating equality but legislative amendments were respected.

Second Phase (1967-1976): Judicial Activism and Confrontation with Parliament

• Expanded Interpretation of Rights: In Golak Nath (1967), the Court declared that Parliament could not amend or take away fundamental rights, asserting judicial supremacy over legislative amendments.
• Basic Structure Doctrine: The landmark ruling in Keshavananda Bharati (1973) introduced the basic structure doctrine, limiting Parliament’s power to amend the Constitution, ensuring that its core values remain intact.
• Emergency and Judicial Independence: The national emergency and the appointment of Justice A.N. Ray as Chief Justice, despite the supersession of senior judges, weakened judicial independence. The infamous ADM Jabalpur case (1976) supported the government’s suspension of Article 21 (right to life), a low point in judicial history.

Third Phase (1978-2014): Judicial Activism and Public Interest Litigation (PIL)

• Post-Emergency Course Correction: After the Emergency, the judiciary regained its independence through rulings like Maneka Gandhi (1978), expanding Article 21 to include personal liberty and due process.
• Rise of PILs: Cases like Hussainara Khatoon (1979) made justice accessible to marginalized groups by enabling Public Interest Litigations (PILs). This phase saw the judiciary actively intervene in issues related to human rights, environmental protection, and governance.
• Collegium System: The collegium system for judicial appointments emerged to maintain judicial autonomy, though it faced challenges later with the National Judicial Appointments Commission Act (2014), which was struck down to preserve judicial independence.

Fourth Phase (2014-Present): Liberal Interpretation and Judicial Activism

• Liberal Interpretation: The Supreme Court continued to uphold constitutional rights with a liberal interpretation, including landmark rulings like the revocation of Article 370 for the full integration of Jammu and Kashmir.
• Judicial Activism: Despite criticism, the judiciary has actively protected constitutional rights. For example, it ruled against the opaque electoral bonds scheme and decriminalized adultery by striking down Section 497 of the Indian Penal Code for violating gender equality under Article 14.

Challenges

Backlog of Cases

• As of the end of 2023, the Supreme Court faces a backlog of over 80,000 pending cases, contributing to delayed justice and undermining the judiciary’s efficiency and credibility.

Dominance of Special Leave Petitions (SLPs)

• SLPs constitute a large portion of the Court’s caseload, overshadowing important constitutional challenges and writ petitions, limiting the Court’s ability to address diverse issues effectively.

Selective Case Prioritization

• The “pick and choose” model allows certain cases to be fast-tracked over others, leading to perceptions of preferential treatment. For instance, high-profile cases, like specific bail applications, are given priority over significant constitutional matters.

Judicial Evasion

• Important cases, such as the Aadhaar scheme and electoral bonds, have been delayed, leading to criticism of the Court’s reluctance to address pressing issues.

Concerns of Judicial Integrity

• Allegations of corruption and conflicts of interest within the judiciary have eroded public confidence. For example, the resignation of Justice Abhijit Gangopadhyay from the Calcutta High Court and his entry into politics raised concerns over judicial integrity.

Judicial Appointments and Collegium System

• The Collegium system for appointing judges has been controversial, with calls for reforms like the National Judicial Appointments Commission to enhance transparency and accountability.

Way Forward

All India Judicial Recruitment

• A national-level judicial recruitment process could standardize appointments, ensuring consistency and quality across the country. This would address regional biases in judicial appointments.

Case Management Reforms

• e-Courts Project aims to digitize court operations, which can streamline case handling and reduce backlog. Expanding the Case Management System (CMS) can also improve the efficiency of tracking and resolving cases.

Promote Alternate Dispute Resolution (ADR)

• Encouraging the use of ADR mechanisms, as outlined in the Arbitration and Conciliation Act (1996), can reduce the burden on the judiciary by resolving disputes outside the Court.

Transparent Case Listing

• Developing a transparent case listing protocol could ensure fairness in case prioritization. The Supreme Court Portal can include features that publicly track case status, improving transparency.

Strengthening Accountability

• Establishing an Independent Judicial Accountability Commission, similar to the Central Vigilance Commission, could enhance accountability and address issues of corruption within the judiciary.

Conclusion

The Supreme Court of India has played a vital role in strengthening democracy and upholding constitutional values over its 75-year journey. However, it faces significant challenges such as case backlog, judicial independence, and accountability. Implementing reforms in recruitment, case management, and transparency can help the institution uphold its integrity and continue its role as a guardian of the Constitution.

Mains question:

1. “Discuss the evolution of the Supreme Court of India over the last 75 years, highlighting its role in shaping democracy and addressing contemporary challenges.” (150 WORDS)