ESTABLISHMENT OF SUPREME COURT

HISTORY

Submitted by:

KAMENDRA RAY

0328

SEMESTER III

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW

RANCHI

13th NOV 2014

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 TABLE OF CONTENTS
CERTIFICATE - 03
ACKNOWLEDGEMENT - 04
HISTORY - 05
COMPOSITION - 06
AIM - 06
OBJECTIVE - 07
CONCLUSION - 07

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 CERTIFICATE

Title of the subject: HISTORY

Name of the faculty: SREEMOYEE SARKAR

I, KAMENDRA RAY, hereby declare that this Project titled Establishment of supreme
court submitted by me is an original work undertaken by me. I have duly acknowledged
all the sources from which the ideas and extracts have been taken. The projects free from
any plagiarism issue.

(Signature of the candidate) Date: 13th NOV 2014

Place: RANCHI
Name: KAMENDRA RAY
Roll: 0328
Sec: B
Sem: 3rd

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 ACKNOWLEDGEMENT

I have endeavored to attempt this project. However, it would not have been feasible
without the valuable support and guidance of SREEMOYEE SARKAR. I would like to
extend my sincere thanks to her.

I am also highly indebted to National University of study and research in laws Library
Staff, for their patient co-operation as well as for providing necessary information & also
for their support in completing this project.

My thanks and appreciations also go to my classmates who gave their valuable insight
and help in developing this project.

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 ESTABLISHMENT OF SUPREME COURT

HISTORY
In ancient India, the concept of Dharma or law was inspired by the Vedas which contained
rules of conduct and rites and compiled in Dharma Sutras, were practiced in a number of
branches of the Vedic schools. Their principal contents address the duties of people at various
stages of life, the rights and duties of the kings and juridical matters. These were basis of
Hindu Law. During the first seven centuries of Christian era, there evolved a number of
Dharma sastras which dealt extensively with Manu, Yajnavalkya, Narda and Parashara
smiritis etc.

The King of England paved the way for establishment of the Supreme Court of Judicature at
Calcutta by The promulgation of Regulating Act of 1773. The Letters of Patent was issued
on 26 March 1774 to establish the Supreme Court of Judicature at Calcutta, as a Court of
Record, with full power & authority to hear and determine all complaints for any crimes and
also to entertain, hear and determine any suits or actions against any of His Majestys subjects
in Bengal, Bihar and Orissa. The Supreme Courts at Madras and Bombay was established by
King George III on 26 December 1800 and on 8 December 1823 respectively.

The India High Courts Act 1861 was enacted to create High Courts for various provinces and
abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in
Presidency towns. These High Courts had the distinction of being the highest Courts for all
cases till the creation of Federal Court of India under the Government of India Act 1935. The
Federal Court had jurisdiction to solve disputes between provinces and federal states and hear
appeal against Judgements from High Courts. After India attained independence in 1947, the
Constitution of India came into being on 26 January 1950. The Supreme Court of India also
came into existence and its first sitting was held on 28 January 1950.
The Supreme Court of India building was designed by Chief architect Ganesh Bhikaji
Deolalikar who was the first Indian to head CPWD and designed Supreme Court Building in
an Indo British architectural style.

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 COMPOSITION
In the early years, The Constitution of India provided for a Supreme Court with a Chief
Justice and seven judges. A full bench of the Supreme Court sat together to hear the cases
presented before them. In the present time, The Supreme Court of India comprises the
Chief Justice and 30 other Judges appointed by the President of India.
Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a
Judge of the Supreme Court, a person must be a citizen of India and must have been, for at
least five years, a Judge of a High Court or of two or more such Courts in succession, or an
Advocate of a High Court or of two or more such Courts in succession for at least 10 years or
he must be, in the opinion of the President, a distinguished jurist.1

AIM
India has one of the largest judicial systems in the world with over 3 crores of cases and
sanctioned strength of some 16,000* Judges. The system has expanded rapidly in the last
three decades, reflecting Indias social, economic and political development in this period.
The judicial system is set to continue to expand significantly over the next three decades,
rising, by the most conservative estimate, to at least about 15 crores of cases requiring at least
some 75,000 Courts/Judges.

The Supreme Court in the Indian Union has more powers than any Supreme Court in any
part of the World. Because the Supreme Court of India is guardian of the
Constitution. The expression guardian of the Constitution is used in a federal country in
the sense that the Supreme Court solves the disputes with regard to the distribution of
powers between the Union and the States and interprets as well as enforces the provisions
of the written Constitution upon all the constituent bodies of the State . It is also the highest
Court of appeal in the country, to hear appeals from all causes, subject, of course to certain
limitations.

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Supremecourtofindia.nic.in/history.htm

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 OBJECTIVE
The Supreme Court is the guardian of the individual liberties and fundamental rights. It has
the power to declare a law passed by any legislature null and void if it encroaches upon the
fundamental rights guaranteed to the people by the Constitution. For the enforcement of
fundamental rights, it can issue writs in the nature of Habeas Corpus, Mandamus, Certiorari,
Prohibition and Qua-Warrantor.
The Supreme Court has the power of judicial review. It implies the power to review and
determine validity of a law or an order. It refers to "the power of a court to inquire whether a
law, executive order or other official action conflicts with the written Constitution.
The law declared by the Supreme Court is binding on all Courts within the territory of India.
It has power of judicial review to strike down the legislative and executive action contrary
to the provisions and the scheme of the constitution, the distribution of power between Union
and States or inimical to the fundamental rights guaranteed by the Constitution.

CONCLUSION

Establishment of the Supreme Court of India is according to the constitution of India. The
Supreme Court is the highest court in the land. The Court has been conferred with very broad
jurisdiction. Supreme Court has an exclusive original jurisdiction in cases arising between the
centre and the constituent state. The Supreme Court has been empowered by article 32 of the
constitution to issues directions, orders or writs. The Supreme court has jurisdiction to report
to the president.