Syllabus: GS-II
Subject: Judiciary and Tribunals
Topic: Independence of Judiciary
Issue: Supreme Court-Diamond Jubilee
Context: The Supreme Court celebrated its Diamond Jubilee this year-75 years since the first sitting on January 28, 1950.
Supreme Court of India:
History:
- Regulating Act of 1773,provided for the establishment of a Supreme Court at Calcutta.
- Government of India Act 1935 provided for the establishment of a Federal Court, set up in 1937.
- Article 124 provided for the establishment and constitution of the Supreme Court.
Three principles which are the foundation for the Supreme Court according to the first CJI H.J.Kania(Mains)
- Independence of judiciary
- The interpretation of the Constitution not as a rigid body of rules but as a living organism.
- To secure and retain the respect of citizens for the Supreme Court.
Criticism of being a “Polyvocal court”
- A polyvocal court is where different judges can express diverse and sometimes conflicting opinions on legal matters.
- Criticised as it leads to confusion and uncertainty.
- However, CJI Chandrachud says polyvocality is a strength , as it brings together diversity and respect of inclusion, resulting in a synthesis of ideas.
