The Supreme Court of India is not merely an impressive structure of red brick in Tilak Marg, New Delhi; it is also the custodian of the world’s most lengthy written constitution. Whether it is the protection of fundamental rights or the resolution of the fiercest of federal disputes, the judgments delivered within the dome of this imposing structure impact the life of 1.4 billion people.
But then how does such an intimidating institution succeed in handling hundreds of new cases every week and maintain itself as a platform for deep constitutional law? Let’s move beyond the thick metal doors and explore the workings of India’s highest judicial body.
Three Pillars of Tilak Marg: Exploring Hierarchies within the Court
Understanding the working of the Supreme Court would be incomplete without understanding the specific set of practitioners who have been granted the Right of Audience before the Court. The Supreme Court Rules lay down the following three hierarchical categories of Practitioners:
- Advocate-On-Record (AOR): The keepers of the register. An AOR is the only legal practitioner authorized to make any filing of Vakalatnama, Petitions or Affidavit in a case on behalf of his/her client. In order to become an AOR, it is mandatory to have five years of practice and to clear a notoriously difficult exam conducted by the Supreme Court.
- Senior Advocates: These are the formidable oral advocates. Selected by the Full Court due to their high status and profound knowledge of law, Senior Advocates are not allowed to do any form of paperwork, filing of any Petitions or to meet clients personally. They must be “briefed” by an AOR in order to argue a case.
- Advocates: Legal Practitioners who are enrolled but cannot initiate any case in the Supreme Court.
The Docket Dilemma: A Court of Appeal or Constitutional Protector?
One of the perennial organizational controversies regarding the Supreme Court of India is that of its structural nature. In contrast to the Supreme Court of the United States, where only less than 100 cases come before it every year, the Indian Supreme Court serves both as a Constitutional Court as well as a massive Court of Appeal. Advocate Mukul Goyal can help clients understand the legal complexities involved in such matters.
Thousands of cases are brought before it via Special Leave Petitions (SLPs) filed under Article 136 of the Constitution. Citizens from the local trial courts and state High Courts often bring up their cases in New Delhi and challenge the capacity of the judiciary.
The Indian Supreme Court has consistently maintained that the extraordinary powers of the court under Article 136 need to be exercised rarely for the purpose of avoiding a serious injustice, and not as a regular third-tier trial level hearing. However, the doors of the court continue to remain open to all citizens wishing to approach the court via writ petitions under Article 32.
Modern Evolution: Climate Rights, Technology, and "AI Hallucinations"
As a “Living Document,” the Indian Constitution evolves with changing society. The Supreme Court of India has progressively broadened the interpretation of Article 21 (Right to life and personal liberty).
Moreover, with the judiciary rapidly being digitalized, the Court is embracing wholeheartedly the challenges posed by the digital age. The Supreme Court has, for instance, made history through a landmark judgment in Pooja Ramesh Singh v. Jammu and Kashmir Bank Ltd., where it has slammed the growing menace of fake and hallucinated case laws created through artificial intelligence (AI). The Court has punished the practice of citing fake law created by large language models.
Judicial Independence versus Basic Structure
Central to the power of the court is the concept of Basic Structure Doctrine, which is an armor for the court crafted through the famous Kesavananda Bharati case of 1973. According to this doctrine, whereas it is within the purview of Parliament to amend the constitution, it has no right to alter the very basic structure of the constitution, such as secularism, federalism, democracy, and judicial independence.
This doctrine is always being tested and upheld in times like when the court is defending judicial independence by rejecting executive supremacy in tribunal appointments.
Conclusion: The Living Sentinel
The Supreme Court of India is an organization that exists in conditions of extreme pressure, having to deal with an unbelievable load, along with the immense burden of ensuring people’s rights.
But with each gavel that sounds on Tilak Marg, it is clear that no matter how powerful the executive branch or advanced the complexity of technology, the supremacy of the Constitution shines forth and the highest court is the guardian of law. Visit your nearest Supreme Court lawyer in Delhi.
Frequently Asked Question:
Q1: What is the sanctioned strength of the Supreme Court?
A1: The strength of the court can be up to a maximum of 34 judges, which includes the Chief Justice of India.
Q2: What is the age of retirement for the Supreme Court judges?
A2: The judges serve their term till the age of mandatory retirement, which is 65 years.
Q3: What is the Collegium System?
A3: This system involves the most senior judges who recommend the appointments of judges to the government.
Q4: Who is a Senior Advocate?
A4: This is the greatest distinction for lawyers with great legal expertise. The Supreme Court lawyer in Delhi cannot file any case or appear on behalf of their clients because they are hired for advocacy purposes only.