Supreme Court: An Organ Of Harmony Or Inconsistency?

Anshita Naidu, BBA LLB (2019-24), NMIMS, School of Law, Navi Mumbai

ABSTRACT

“The Indian Supreme Court has been called the most powerful court in the world for its wide jurisdiction, its expansive understanding of its own powers, and the billion plus people under its authority.”1

In recent years, to the credit of the Supreme Court, it has delivered several notable judgments upholding fundamentals rights, such as the invalidation of triple talaq, the decriminalization of homosexuality and the entry of women into Sabarimala. These broadly uphold “social” fundamental rights. However, it is difficult to assert even today that we have a consistent jurisprudence on civil rights such as liberty or free speech.

The main objective of this article is to critique in detail the working of the Indian Supreme Court. It aims to give a clear understanding of the term ‘judicial review’ and how it is practiced.

This article begins with a discussion of the social change that the Supreme Court has brought to the country. It then mentions all relevant cases related to social upliftment which act as an evidence to the court’s public interest jurisprudence.

Analysis of the shortcomings of the Supreme Court is also one of the major objectives of this article. The article in reference to those inconsistencies highlights some controversial decisions of the Supreme Court.

The aim of the article is also to throw light on non-performance of the Supreme Court during the unprecedented times of COVID’19.

Lastly, the conclusion mentioned in the article has been provided with an objective to give an insight of the author’s opinion on the topic.