Articles 124 to 147: The Supreme Court and its Functions

Articles 124 to 147: The Supreme Court and its Functions

Articles 124 to 147 of the Indian Constitution delineate the establishment, composition, powers, and functioning of the Supreme Court of India.

Article 124: Establishment and Constitution of the Supreme Court

Article 124 deals with the establishment of the Supreme Court, comprising a Chief Justice of India (CJI) and other judges as determined by law.

Articles 125 to 147: Composition, Appointment, and Functions

These articles specify the qualifications, appointment, tenure, removal, and jurisdiction of Supreme Court judges, along with the court's powers, functions, and procedures.

Modern Era Interpretation:

In the contemporary era, these articles remain fundamental in defining the structure and functioning of the Supreme Court. While not heavily reliant on extensive case laws covering these specific articles, their interpretation and application have been shaped by landmark judicial pronouncements and significant instances.

Key Instances and Judicial Pronouncements:

S.P. Gupta v. Union of India (1982): In this case, known as the "First Judges Case," the Supreme Court ruled that the Chief Justice of India's opinion holds primacy in appointing judges, establishing the "collegium system" for judicial appointments.

Second Judges Case (1993): This case reinforced the "collegium system" by emphasizing the judiciary's role in the appointment and transfer of judges, highlighting the judiciary's independence in these matters.

Third Judges Case (1998): The Supreme Court expanded the collegium system's scope, reiterating its authority in judicial appointments while setting guidelines for consultation between the Executive and the Chief Justice of India.

Contemporary Relevance and Challenges:

In the contemporary landscape, Articles 124 to 147 face challenges and hold significant relevance in upholding the independence, integrity, and effectiveness of the Supreme Court:

Judicial Appointments:

The collegium system has faced criticism, particularly concerning transparency and accountability in judicial appointments, prompting debates about reforming the process.

Judicial Activism and Public Interest Litigation (PIL):

The Supreme Court's role in judicial activism and interpreting PILs has sparked discussions about balancing judicial intervention with the separation of powers and governmental accountability.

Conclusion:

Articles 124 to 147 of the Indian Constitution form the bedrock of the Supreme Court's establishment, composition, and functioning. While not extensively backed by numerous case laws specifically pertaining to each article, landmark judicial pronouncements have significantly influenced their interpretation and application, particularly concerning judicial appointments and the court's powers.

As India navigates through the intricacies of judicial governance in the 21st century, the need to balance judicial independence, accountability, and the effective functioning of the Supreme Court remains pivotal. Occasional legal interventions and evolving practices continue to shape and refine the operational aspects of these articles, underscoring their enduring significance in fostering a robust and impartial judicial system within the Indian constitutional framework.