The Supreme Court of India: The Guardian of Justice in the World’s Largest Democracy

The Supreme Court of India

1. The Supreme Court of India

The Supreme Court of India stands as the highest judicial authority in the country, ensuring justice, constitutional supremacy, and the protection of fundamental rights in the world’s largest democracy. Established under the Constitution of India, it serves as the final interpreter of the law, upholding democratic values and ensuring that legislative and executive actions remain within constitutional limits.

2. Supremacy as the Protector and Interpreter of the Constitution

The Supreme Court of India derives its authority from Part V, Chapter IV (Articles 124-147) of the Indian Constitution, which outlines its composition, powers, and jurisdiction. As the guardian of the Constitution, it ensures that all laws and governmental actions conform to the basic principles enshrined in the Constitution. Through judicial review (Article 13), the Court can strike down any law or executive order that violates fundamental rights or contravenes constitutional provisions.

3. Promoting and Protecting Human Rights through Judicial Remedies

A significant function of the Supreme Court is to safeguard the Fundamental Rights (Part III, Articles 12-35) of citizens. Article 32 of the Indian Constitution provides the right to approach the Supreme Court directly for the enforcement of these rights. This article, often termed as the “soul of the Constitution”, empowers the Court to issue writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) to ensure justice.

Over the years, the Court has expanded the interpretation of human rights through Public Interest Litigation (PIL), allowing individuals and groups to seek justice on behalf of the marginalized. Landmark judgments, such as Kesavananda Bharati v. State of Kerala (1973), upheld the Basic Structure Doctrine, ensuring that Parliament cannot amend the fundamental principles of the Constitution. Similarly, cases like Maneka Gandhi v. Union of India (1978) broadened the scope of Article 21 (Right to Life and Personal Liberty), including rights such as dignity, livelihood, and environmental protection.

4. Judicial Review and Constitutional Supremacy

The power of judicial review, derived from Articles 13, 32, and 226, allows the Supreme Court to declare unconstitutional any law or government action that violates the basic structure of the Constitution. This ensures a balance of power among the legislature, executive, and judiciary, preventing authoritarianism and maintaining democratic integrity. The Court has used this power effectively in cases like Golaknath v. State of Punjab (1967) and Minerva Mills v. Union of India (1980) to reaffirm its role in preserving constitutional supremacy.

The Supreme Court of India, as the highest judicial institution, plays a pivotal role in maintaining the rule of law, protecting fundamental rights, and ensuring the Constitution’s supremacy. Through judicial remedies (Article 32) and judicial review, it safeguards democracy and human rights, reinforcing India’s commitment to justice and equality. As an independent and impartial institution, the Supreme Court remains a beacon of hope, ensuring that constitutional values are upheld in the governance of the nation.

5. The Supreme Court of India: Landmark Judgments

Since India’s Independence in 1947, the Supreme Court of India has played a pivotal role in safeguarding and promoting human rights. Through its landmark judgments, the Court has interpreted the Constitution to expand and protect the rights of individuals, encompassing citizens, women, children, and even the environment.

5.1 Kesavananda Bharati v. State of Kerala (1973): The Basic Structure Doctrine

In this seminal case, the Supreme Court introduced the ‘Basic Structure Doctrine,’ asserting that while the Parliament has wide-ranging powers to amend the Constitution, it cannot alter its fundamental framework. This doctrine ensures the preservation of essential features like the rule of law, separation of powers, and fundamental rights, thereby acting as a bulwark against potential governmental overreach.

5.2 Maneka Gandhi v. Union of India (1978): Expanding the Scope of Personal Liberty

This case marked a turning point in the interpretation of Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Court held that these rights are not confined to mere animal existence but include the right to live with dignity. It emphasized that any procedure established by law must be ‘right, just, and fair,’ thereby broadening the horizons of personal liberty and ensuring protection against arbitrary state action.

5.3 People’s Union for Civil Liberties (PUCL) v. Union of India (2003): Right to Information and Electoral Reforms

In this case, the Supreme Court recognized the right to information as integral to the right to freedom of speech and expression under Article 19(1)(a). The Court mandated that voters have the right to know the antecedents of electoral candidates, leading to greater transparency in the electoral process and empowering citizens to make informed choices.

5.4 Vishaka v. State of Rajasthan (1997): Protecting Women from Workplace Harassment

Responding to the absence of legislative measures to address sexual harassment at the workplace, the Supreme Court laid down guidelines, known as the Vishaka Guidelines, to protect women’s rights. These guidelines served as the foundation for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, ensuring a safer working environment for women.

5.5 M.C. Mehta v. Union of India (1986): Environmental Jurisprudence

In this landmark judgment, the Supreme Court recognized the right to a healthy environment as part of the right to life under Article 21. The Court introduced the ‘absolute liability’ principle for industries engaged in hazardous activities, holding them accountable for any harm caused, thereby strengthening environmental protection and public health.

5.6 Justice K.S. Puttaswamy (Retd.) v. Union of India (2017): Affirming the Right to Privacy

In a unanimous decision, a nine-judge bench of the Supreme Court declared the right to privacy as a fundamental right under Articles 14, 19, and 21 of the Constitution. This judgment has far-reaching implications, influencing subsequent rulings on issues like data protection and individual autonomy. 

5.7 Navtej Singh Johar v. Union of India (2018): Decriminalizing Homosexuality

Building upon the right to privacy, the Supreme Court of India decriminalized consensual homosexual acts between adults by reading down Section 377 of the Indian Penal Code. The Court acknowledged that sexual orientation is an intrinsic aspect of identity and that denying the right to express it violates fundamental rights, thus advancing LGBTQ+ rights in India.

5.8 National Legal Services Authority (NALSA) v. Union of India (2014): Recognizing Transgender Rights

In this landmark judgment, the Supreme Court of India recognized transgender individuals as the ‘third gender’ and affirmed that fundamental rights are equally applicable to them. The Court directed the government to provide reservations in educational institutions and public appointments, thereby promoting social and economic inclusion of the transgender community. 

5.9 Shakti Vahini v. Union of India (2018): Upholding the Right to Marry

The Supreme Court of India held that an adult has the fundamental right to marry a person of their choice. This judgment was significant in curbing societal practices like honor killings and reinforced individual autonomy in matters of marriage. 

5.10 Supriyo v. Union of India (2023): Same-Sex Marriage Rights

In this landmark case, the Supreme Court of India addressed the issue of same-sex marriage rights. While the Court did not legalize same-sex marriage, it acknowledged the discrimination faced by the LGBTQ+ community and emphasized the need for legislative action to address their rights and concerns.

Recent Developments

  • Right to a Pollution-Free Environment: In October 2024, the Supreme Court declared that living in a pollution-free environment is a fundamental right. The Court urged authorities to address severe air quality issues, particularly in northern India, emphasizing the state’s duty to ensure environmental protection.
  • Protection Against Arbitrary Demolitions: In November 2024, the Supreme Court of India criticized the demolition of properties owned by suspected criminals, a practice that disproportionately affected minority communities. The Court issued guidelines to ensure due process, including prior notice and consideration of humanitarian impacts, thereby safeguarding individuals’ rights against arbitrary state actions.
  • Overturning Ban on Islamic Schools: In November 2024, the Supreme Court of India overturned a ban on Islamic schools in Uttar Pradesh, allowing around 25,000 madrasas to continue operating. The Court highlighted the state’s obligation to provide adequate education to children, reinforcing the right to education and protection of minority rights.

Through these landmark judgments, the Supreme Court of India has continually evolved its jurisprudence to protect and promote human rights, adapting to the changing societal contexts and ensuring that the rights of all individuals are upheld.

Sources: Constitution of India; the Supreme Court of India; Reuters, Wiki

Scroll to Top