### **Origin and Development**
**Origins:**
- The Supreme Court of India was established on January 28, 1950, two days after India became a Republic. It succeeded the Federal Court of India, which had been set up in 1937 during British rule.
- The initial composition included a Chief Justice and seven other judges, functioning from the Parliament House until the Supreme Court building was inaugurated in 1958.
**Early Role:**
- In its formative years, the Court focused on interpreting the Constitution, particularly fundamental rights, and resolving conflicts between the central and state governments.
- Landmark cases, such as **A.K. Gopalan vs. State of Madras (1950)** and **Shankari Prasad vs. Union of India (1951)**, shaped its approach to balancing individual rights with state authority.
**Major Milestones:**
- **Kesavananda Bharati vs. State of Kerala (1973)**: This case introduced the 'Basic Structure Doctrine,' preventing the Parliament from altering the core principles of the Constitution, such as democracy, secularism, and judicial review.
- **Emergency (1975-77)**: During this period, the Supreme Court faced criticism for its decision in **ADM Jabalpur vs. Shivkant Shukla**, where it ruled that fundamental rights could be suspended during emergencies. The judgment is widely regarded as a low point in its history.
- **Judicial Activism**: In the 1980s and 1990s, the Court took on an activist role, expanding the scope of Public Interest Litigation (PIL). This allowed citizens to approach the Court directly on issues of public concern, marking a shift in its approach toward social justice.
- **Right to Privacy (2017)**: The Supreme Court declared the right to privacy as a fundamental right under Article 21 of the Constitution in **Justice K.S. Puttaswamy vs. Union of India**.
### **Merits of the Supreme Court's Functioning**
1. **Guardian of the Constitution**: The Supreme Court has played a vital role in upholding the Constitution by reviewing legislation and executive actions. Through its power of judicial review, it ensures that no law violates the basic structure of the Constitution.
2. **Public Interest Litigation (PIL)**: By embracing PILs, the Court has become more accessible to the public, especially marginalized groups, allowing citizens to seek justice without formal legal proceedings. Landmark PILs have addressed environmental protection, human rights, and corruption.
3. **Expansion of Fundamental Rights**: Over the decades, the Court has expanded the interpretation of fundamental rights, especially in areas like gender equality, free speech, and the right to education. Cases like **Vishaka vs. State of Rajasthan (1997)**, which led to the creation of sexual harassment guidelines, reflect its forward-thinking judgments.
4. **Independence and Accountability**: Despite facing pressure from political quarters, especially during the Emergency, the Supreme Court has maintained its independence and has become a symbol of institutional strength in India’s democracy.
5. **Judicial Reforms**: Initiatives like **e-Courts**, digitization, and efforts to reduce pendency have been crucial steps toward modernizing the judicial system.
### **Demerits and Challenges**
1. **Backlog of Cases**: One of the most significant challenges is the mounting backlog of cases. As of 2024, the Supreme Court has over 70,000 pending cases, with millions more in the lower courts. This backlog hampers the timely delivery of justice, often leading to long delays.
2. **Judicial Appointments and Collegium System**: The collegium system, where judges appoint judges, has been criticized for lack of transparency and accountability. Repeated calls for reform, including the attempt to introduce the **National Judicial Appointments Commission (NJAC)**, have highlighted the need for greater scrutiny in judicial appointments.
3. **Judicial Overreach**: While judicial activism has been praised, there are concerns about judicial overreach, where the Court has been accused of encroaching on the domain of the executive or legislature. This raises questions about the separation of powers and the judiciary’s role in governance.
4. **Access to Justice**: While PILs have opened the Court to the public, access to justice remains uneven. Legal proceedings are expensive and lengthy, and many citizens, especially in rural areas, struggle to access the judicial system effectively.
5. **Internal Conflicts**: There have been instances of internal conflicts within the judiciary, including public disagreements among judges. This has occasionally undermined public confidence in the institution.
6. **Controversial Judgments**: Some decisions, such as the handling of the **Ayodhya dispute** and judgments related to religious freedoms, have been criticized for being politically influenced or ambiguous.
### **Conclusion**
The Supreme Court of India, through its 75-year journey, has evolved into one of the most powerful judicial institutions in the world. It has significantly contributed to safeguarding democracy, expanding fundamental rights, and ensuring accountability in governance. However, challenges such as judicial transparency, backlog reduction, and balancing activism with restraint remain areas requiring further reform.
As India continues to develop, the Court’s role will be central in addressing new challenges in human rights, technological advances, and evolving socio-political dynamics.
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