The Court And The Government

Where Supreme Court expanded central govt powers

• Interpretation of lists (union, state, concurrent)

• Reorganising states

• Centralised planning

• Power over states (including Emergency)

The Supreme Court

• Founded in October 1937 as Federal Court, and on  Republic Day, 1950, as Supreme Court

• Strength at the time of founding: Chief Justice of India and seven judges

• Current sanctioned strength: 31

• Appointments made by CJI and four puisne judges

• Final court of appeal and constitutional court, top administrator of justice delivery

• Advocates-on-record chosen through rigorous examination after minimum five years law practice

The Chief Justice of India

• Constitutional authority; customarily, the seniormost among the SC judges is chosen

• Administrative head of the Indian judiciary and the Supreme Court

• First CJI of Independent India: Justice H.J. Kania

• Current: 45th CJI Justice Dipak Misra

Master of the Roster

• Ållegations arose in the medical institute case

• Justice Chelameswar marked it to five seniormost judges

• CJI broke a sitting constitutional bench to form another

• Fresh constitutional bench that excluded five seniors took over the matter

• CJI was declared “master of roster” in a background of chaos and heckling

• PIL to probe alleged bribery dismissed on merits

Pre-Emergency Tussles

• In three cases (bank nationalisation, privy purse, Golak Nath), the Supreme Court scuttled overnight ordinances that diluted fundamental rights

• The Congress-majority Parliament retorted with constitutional amendment, also barring judicial review of such amendments

• 13-judge bench heard Kesavanand Bharti back-to-back for 65 days

• Bare majority decision froze basic structure, upheld fundamental rights

• Indira Gandhi appointed seniormost among dissenting judges in Kesavanand Bharti as next CJI, superseding three senior to him

• June 24, 1975: Supreme Court judge V.R. Krishna Iyer upheld election case against Indira Gandhi

• June 25, 1975: Emergency declared

• Habeas Corpus case dissenting judge H.R. Khanna superseded by Mirza Hameedullah Beg