Supreme Court of India as a Powerful Political Institution: Understand in 7 points.

Supreme Court of India as a Powerful Political Institution: Introduction

The Supreme Court of India is the guardian of the Constitution. It is the highest judicial body in the country. It plays a key role in protecting fundamental rights and maintaining the rule of law. But its powers go beyond legal disputes. In recent decades, in some of its judgments, the Supreme Court has emerged as a strong political force. It has influenced major public policies, checked arbitrary power, and shaped the nation’s democratic structure. While it is not a political party, its actions often carry political weight.

This essay explains how the Supreme Court has become a powerful political institution. We will explore its constitutional powers, landmark cases, and growing public role to understand how we consider the Supreme Court of India as a Powerful Political Institution. This will help law students to understand, how the Supreme Court of India is a Powerful Political Institution with examples and clear language.

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What is the Role of the Supreme Court?

The primary role of the Supreme Court is to interpret the Constitution and ensure that laws made by Parliament and actions taken by the government are legal. It also protects fundamental rights and hears appeals from the High Courts. Its decisions are final and binding on all courts in India.

The Court also hears special cases like inter-state disputes and those involving the Centre and states. It acts as a watchdog of democracy. In doing so, it often enters areas where the Legislature and Executive either fail or avoid action. That is when the Court begins to function as a political actor.

Why Is the Supreme Court Considered a Political Institution?

A political institution influences public policy and power structures. The Supreme Court orders influence in several ways on the political discourse of India and some of them are as under:

1. Law Review – It reviews and strikes down unconstitutional laws.
2. PILs – Through Public Interest Litigations, it enters issues like environment, health, education, and corruption.
3. Executive Accountability – It checks if the government’s decisions follow the Constitution.
4. Influencing Elections – It interprets laws on elections, disqualification, and campaign finance.
5. Policy Intervention – It intervenes when legislative inaction affects citizens.

This wide scope makes the Supreme Court a strong player in national governance. And make to believe the Supreme Court of India as a Powerful Political Institution.

Some of the main Constitutional Powers that add to its Political Strength

1. Judicial Review (Article 13, 32, 226)
   • The Court can declare laws invalid if they violate the Constitution.
   • This acts as a major check on Parliament.
   • Example: Kesavananda Bharati v. State of Kerala (1973) established that the “basic structure” of the Constitution cannot be changed.
2. Public Interest Litigation (PIL)
   • The Court can hear cases from individuals not directly affected but representing public interest.
   • Example: MC Mehta v. Union of India led to cleaner air and the Ganga Action Plan.
3. Advisory Jurisdiction (Article 143)
   • The President can ask the Court’s opinion on important questions.
   • Example: Ayodhya land dispute was first referred under this provision.
4. Suo Motu Action
   • The Court can take up cases on its own without a petition.
   • This has helped address urgent issues like COVID-19 management, pollution, and migrant crises.
5. Writ Jurisdiction
   • The Court protects fundamental rights by issuing writs like Habeas Corpus, Mandamus, etc.

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Some of the Landmark Cases Demonstrating Political Power

The following are some landmark judgments that played a very important role in shaping the political discourse of India:

1. Kesavananda Bharati Case (1973)
   • The Court ruled that Parliament cannot destroy the Constitution’s basic structure.
   • This case gave the Court a strong role in shaping national law and policy.
2. Indira Gandhi v. Raj Narain (1975)
   • The Court ruled on the validity of Indira Gandhi’s election.
   • Though it upheld her win, it questioned electoral practices.
   • It showed how the judiciary could influence political leadership.
3. Minerva Mills v. Union of India (1980)
   • Reinforced the importance of Fundamental Rights alongside Directive Principles.
   • Prevented Parliament from gaining unchecked powers.
4. SR Bommai v. Union of India (1994)
   • Defined limits on using President’s Rule in states.
   • Protected state governments from political misuse of central power.
5. Vishaka v. State of Rajasthan (1997)
   • The Court created guidelines on workplace harassment due to lack of law.
   • This was later codified in the 2013 law on sexual harassment.
6. Lily Thomas v. Union of India (2013)
   • Disqualified MPs/MLAs immediately after conviction.
   • Helped remove criminal elements from politics.
7. Navtej Singh Johar v. Union of India (2018)
   • Decriminalized same-sex relations.
   • Changed India’s social and legal landscape.
8. Ayodhya Verdict (2019)
   • Settled a decades-long religious and political dispute.
   • Had wide public and political consequences.

Criticisms of the Supreme Court’s Political Influence

Critics spare none, and the same is with the Supreme Court. Many political pundits criticized such action of the Supreme Court, which created a political impact on the government. Some of those judgments are as under:

1. Judicial Overreach
   • Critics say the Court sometimes acts like the legislature.
   • This breaks the separation of powers.
2. Democratic Legitimacy
   • Judges are not elected.
   • Yet they influence decisions that affect millions.
3. Delays and Inconsistencies
   • Politically sensitive cases often face long delays.
   • Example: Electoral Bonds case is pending for years.
4. Opaque Collegium System
   • The process of appointing judges is not transparent.
   • It limits public trust in a political role.

Positive Impact on Politics and Democracy

The Supreme Court’s Judgment created many positive impact on governance as well as the social behavior of the people. The following are some positive impacts:

1. Checks and Balances
   • The Court stops illegal actions of governments.
   • Example: In 2G Scam, the Court cancelled 122 licenses.
2. Strengthening Rights
   • Fundamental rights like privacy (Puttaswamy Case) were declared essential.
3. Empowering Citizens
   • PILs help poor and voiceless people raise concerns.
4. Federalism
   • The Court protects state powers against central overreach.
5. Social Justice
   • The Court has helped pass orders in favour of women, disabled persons, and Dalits.

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Recent and Ongoing Political Cases

the Following are some recent and ongoing political case where the Supreme Court has delivered it verdict:

1. Electoral Bonds – Concerns about anonymous funding and its effect on democracy.
2. Farm Law Protests – Court stayed laws and formed expert panels.
3. Article 370 – Challenge to removal of Jammu & Kashmir’s special status.
4. Delhi v. LG Power Tussle – Clarified powers of elected Delhi government.

Separation of Powers and Limits

Democracy works on balance between Legislature, Executive, and Judiciary. When the Court acts too much like the other two, it causes imbalance. This may lead to inefficiency or conflict.

Still, when Parliament and government fail to protect rights, the Court becomes the last hope. This balance must be handled with caution.

Conclusion: The Supreme Court of India is not just a court. It is a powerful political institution

The Supreme Court of India is not just a court. It is a powerful political institution. Through judicial review, activism, and PILs, it shapes laws and public policy and makes the Supreme Court of India a Powerful Political Institution.

While this makes the judiciary strong, it must also be responsible. Too much interference in politics can reduce its credibility.

For law students, it is important to understand the Court’s dual role. As both guardian of the Constitution and a major democratic force, the Supreme Court is key to Indian political life.

Its power comes with responsibility, and its actions must always serve justice, fairness, and the public good.

Bibliography/ Reference

1. The Constitution of India – Government of India, Ministry of Law and Justice.
2. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
3. Indira Nehru Gandhi v. Raj Narain, 1975 AIR 2299.
4. Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789.
5. S.R. Bommai v. Union of India, (1994) 3 SCC 1.
6. Vishaka v. State of Rajasthan, AIR 1997 SC 3011.
7. Lily Thomas v. Union of India, (2013) 7 SCC 653.
8. Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.
9. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.
10. Supreme Court of India official website: https://main.sci.gov.in
11. Ministry of Law and Justice, Government of India: https://lawmin.gov.in