Article 185 to 188 of the Indian Constitution: A Discussion on Relevance in the Modern Era

Article 185 to 188 of the Indian Constitution: A Discussion on Relevance in the Modern Era

Introduction:

The Indian Constitution is a living document that has evolved over time to address the changing needs and aspirations of the country. Article 185 to 188 of the Constitution deals with various aspects of the Supreme Court, its jurisdiction, and the appointment and impeachment of judges. In this article, we will explore the relevance of these articles in the modern era and discuss relevant case laws that have shaped their interpretation.

Article 185: Establishment and Constitution of the Supreme Court:

Article 185 lays down the establishment and constitution of the Supreme Court of India. While the provision itself remains relevant, the interpretation of its scope and powers has evolved significantly. In the modern era, the Supreme Court has emerged as the guardian of the Constitution, protecting fundamental rights and ensuring justice for all. The landmark case of Kesavananda Bharati v. State of Kerala (1973) established the principle of the basic structure doctrine, which limits the amending power of the Parliament and ensures the preservation of essential features of the Constitution.

Article 186: Salaries, etc., of Judges:

Article 186 deals with the salaries and allowances of judges of the Supreme Court. The provision ensures the independence of the judiciary by safeguarding their financial security. In the case of Supreme Court Advocates-on-Record Association v. Union of India (1993), the Supreme Court held that the government cannot reduce the salaries and allowances of judges, as it would compromise their independence. This case reaffirmed the significance of Article 186 in protecting the integrity of the judiciary.

Article 187: Jurisdiction of the Supreme Court:

Article 187 confers jurisdiction on the Supreme Court to issue writs, orders, or directions for the enforcement of fundamental rights. In the modern era, the Supreme Court has expanded its jurisdiction to include a wide range of issues, such as environmental protection, consumer rights, and administrative law. The case of M.C. Mehta v. Union of India (1987) exemplifies the Court's proactive role in addressing environmental concerns and holding the government accountable for protecting citizens' right to a clean environment.

Article 188: Transfer of certain cases:

Article 188 empowers the Supreme Court to transfer cases from one High Court to another to ensure a fair trial or the convenience of the parties involved. This provision has gained significance in the modern era due to increased inter connectivity and the need for efficient administration of justice. The case of Zahira Habibullah Sheikh v. State of Gujarat (2006) demonstrated the Supreme Court's exercise of its power under Article 188 to transfer the trial of the high-profile Best Bakery case from Gujarat to Maharashtra, ensuring a fair trial and protecting the rights of the victims.

Conclusion:

The provisions outlined in Article 185 to 188 of the Indian Constitution continue to hold relevance in the modern era. The Supreme Court's interpretation of these articles, along with landmark case laws, has shaped their application and expanded the scope of justice and constitutional rights. As India progresses and faces new challenges, the Supreme Court's role as the protector of the Constitution and the arbiter of justice remains crucial, ensuring the upholding of democratic principles and safeguarding the rights of its citizens.