By Jaivardhan Goyal
On September 2, 2024, President Droupadi Murmu unveiled the new flag and insignia of the Supreme Court of India as the institution gears up to commemorate its 75th anniversary on January 28th 2025. The inscription “Yato Dharmastato Jayah,” which means “Where there is Dharma, there is Victory,” reflects the commitment to righteousness. The establishment of the Supreme Court of India was a defining moment in the country’s post-independence history, replacing the Federal Court of India as the highest court of appeal. Justice Harelal Jekisundas Kania served as the first Chief Justice of independent India and the court has evolved as decades have passed by.
In the history of our nation’s jurisprudence, the Hon’ble Supreme Court has finely carved out a legacy pivotal to the fabric of legal and constitutional doctrine. The first judgment of A.K Gopalan vs the State of Madras in 1950, upheld the provisions concerning preventive detention, which served not only as adjudication on the matter at hand but as a foundational stone for the interpretation and expansion of the fundamental rights enshrined in our Constitution. The Court’s decision in Golaknath vs the State of Punjab has a significant mark in our legal history, setting a precedent for the inviolability of fundamental rights against unconstitutional amendments. This doctrine matured in the landmark judgment of Keshavanand Bharti vs. the State of Kerala, where the Supreme Court asserted its sovereign authority to strike down constitutional amendments that breach the “basic structure,” which is important in preserving the fundamental essence of our Constitution.
The introduction of Public Interest Litigations (P.I.L.s) in the 1980s marked an evolution, extending the locus standi to any public-spirited person(s) advocating for the marginalised or those who are incapable of representing themselves. This broadened access to justice highlighted the Court’s transition from an adversarial model to a custodian of public welfare and justice which is associated with the visionary jurisprudence of Justice P.N. Bhagwati. Further broadening the legal horizon, the Supreme Court’s interpretation of Article 21 has been remarkable, covering a wide range of rights from education and healthcare to a clean environment and even the right to sleep, thereby guaranteeing quality of life. The Vishaka Guidelines, laid down in Vishaka vs the State of Rajasthan, is an example of the Court’s proactive role in strengthening legal mechanisms against sexual harassment in the workplace until the Parliament enacted the POSH Act 2013.
The Supreme Court has asserted its dynamic role in transforming societal norms and constitutional jurisprudence—be it through the guarantee of privacy, including data protection in Justice K.S. Puttaswamy (Retd.) vs. Union of India, declaring the practice of “Triple Talaq” in Shayara Bano vs. Union of India as unconstitutional, the decriminalisation of consensual same- sex relations in Navtej Singh Johar vs. Union of India, or the assertion of gender equality and religious freedom in the Sabarimala Temple entry case. Remarkably, in M. Siddiq (D) Thr— Lrs. vs. Mahant Suresh Das & Ors., the Supreme Court navigated through the religious and cultural sentiment to adjudicate upon a matter of deep sensitivity, steering the country towards peace while upholding the primary principles of secularism and communal harmony. The recent suo-motu cognisance of the Supreme Court in the R.G. Kar Medical College rape case gives out the message to the society at large that justice never dies. Thus, the Supreme Court has solidified its role as the guardian of the Constitution and as a medium of progressive societal transformation.
As stated in Article 50 of the Constitution, the principle of separation of powers crystallises the imperative of judicial independence. To maintain the principle of separation of powers, the Supreme Court of India also serves as a critical mechanism of checks and balances. This is particularly evident in landmark cases such as Indira Gandhi vs Raj Narain and A.D.M. Jabalpur vs Shivkant Shukla. In these cases, the Supreme Court has curtailed executive overreach, ensuring that even the executive remains bound to the rule of law. This judicial stance emphasizes the building of democratic governance, displaying the judiciary’s commitment to function independently, free from the morass of executive or legislative overreach. The structural safeguards, which include tenure security for judges, remunerations and allowances, ensures an uninterrupted delivery of justice. Additionally, the judiciary’s exercise of “contempt of court” and “judicial review” is a testament to its authority to uphold the supremacy of the law. The apex judiciary is burdened by an escalating workload that is causing significant hurdles within our country’s framework for justice delivery. This backlog of cases causes delays, undermining public confidence in our legal system’s efficacy and impartiality. An aggravating factor in this problem is the prevalence of judicial vacancies, which adds to the delays in resolution of pending litigations. It is noticeable that the ideal of easy access to justice for the marginalised sectors of our society is a notion far removed from their reality, which sets a narrative wherein justice appears to be a privilege reserved for the rich. In light of these concerns, the apex judiciary must undertake urgent reforms.
The pivotal role of technology in modernising the judicial process cannot be overlooked. The adoption of virtual hearings stands as a crucial innovation to curb the current backlog of cases. Additionally, there is a dire need to expand legal aid initiatives and community outreach programmes. Such programmes are essential in facilitating access to justice for the marginalised, bringing us closer to the ideal of equitable legal representation for all societal sections. Lastly, integrating comprehensive legal education at all educational levels, highlighted by the principle of ‘law for everyone’, is important. This approach will not only broaden the spread of legal knowledge across the populace but also foster public’s understanding and engagement with our judicial system. These suggested reforms are beneficial and essential for restoring faith in our justice system and realising that justice should be an inalienable right, accessible to all.
In light of emerging challenges, the Supreme Court’s role as the guardian of Indian democracy is paramount. The Court must continue to uphold the rights of citizens, maintain the principles of freedom, and resist any attempts to undermine democratic institutions. The Supreme Court will further solidify its position as a safeguard against authoritarianism and a defender of India’s democratic principles. By enhancing accountability, embracing technology, expanding access to justice, engaging with international law, and upholding democratic values, the Supreme Court would continue to serve as a symbol of justice for future generations.
(The author is a first-year law student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Views and opinions expressed are personal.)