The Supreme Court: Its Constitutional Role and Authority
- Foundation and Powers Under the Constitution
The Supreme Court of India is the highest judicial authority in the country, established by Article 124 of the Indian Constitution. It is empowered to:
- Interpret the Constitution and ensure all laws align with its principles.
- Exercise judicial review, which allows it to strike down laws or executive actions that violate constitutional provisions.
- Act as a guardian of fundamental rights, enforcing provisions under Articles 32 and 226.
- Settle disputes between the central government and state governments, ensuring federal harmony.
- 2.Judicial Review: The Heart of Its Power
One of the most critical functions of the Supreme Court is judicial review, which is enshrined in the Constitution. Judicial review allows the Court to:
- Assess whether laws passed by Parliament or state legislatures violate fundamental rights.
- Strike down executive actions deemed unconstitutional.
- Prevent legislative or executive overreach, thereby maintaining the separation of powers.
Over the decades, landmark rulings like Kesavananda Bharati v. State of Kerala (1973) have reinforced the Basic Structure Doctrine, preventing Parliament from amending essential constitutional features such as democracy, secularism, and judicial independence.
- Clash Between Judiciary and Executive
Tensions between the judiciary and executive are not new, but in recent years, conflicts have intensified. The judiciary has been scrutinized for decisions related to communal violence, hate speech, and governance issues, while the executive has questioned judicial interference in policy matters.
Some key friction points include:
- Appointment of Judges: The executive has sought greater control over judicial appointments, challenging the collegium system (which is a self-selecting body of senior judges).
- Supreme Court’s Activism: The government has criticized the Court’s intervention in policy matters such as environmental regulations, economic policies, and governance issues.
- Constitutional Interpretation: Executive leaders have questioned Supreme Court rulings that curb legislative or executive discretion, particularly regarding electoral processes and governance frameworks.
- Supreme Court’s Role in Contemporary Issues
The judiciary’s role is especially critical in addressing emerging challenges such as:
- Communal riots and hate speech: Ensuring neutrality and upholding constitutional protections amidst political tensions.
- Bulldozer justice: Examining due process and fairness in property demolitions.
- Governor’s role in state politics: Clarifying constitutional boundaries when governors obstruct legislative processes.
- The Road Ahead: Balancing Power
The Supreme Court must continually assert its independence while navigating pressures from both governance and public perception. In an era of increasing political polarization, maintaining judicial integrity and impartiality is more vital than ever.
