Legal history of Supreme Court and Delhi HC

SUPREME COURT OF INDIA

The first Supreme Court in India was established under the Regulating Act of 1773 at Fort William in Calcutta which was presided over by the first Chief Justice, J. Elijah Imphy. After Calcutta, the other two Supreme Courts in India were established in Bombay and Madras. Later, The Government of India Act, 1935, led to the establishment of Federal Court in India which was the apex court before the Supreme Court of India came into existence. India became independent in the year 1947 and after a few years, the Constitution of India came into existence on 26 January 1950. Article 124 of the Constitution of India states that there shall be a Supreme Court in India. After the adoption of the Constitution, the Federal Court of India started functioning as the Supreme Court of India, which was then presided over by Justice H.J. Kania. On 28 January 1950, the Supreme Court of India came into existence and the first sitting of the court was held on this very day. The Constitution confers various powers and jurisdictions on the Supreme Court of India.

  • The court exercises its writ jurisdiction under Article 32 of the Constitution which is also known as Right to Constitutional Remedies.
  • Original Jurisdiction of the court is exercised by it under Article 131.
  • The Appellate Jurisdiction of the court in constitutional matters is exercised by it under Article 132, in Civil matters under Article 133, and in Criminal matters under Article 134.
  • It exercises its Review Jurisdiction under Article 137 of the Constitution

The Supreme Court of India is located on Tilak Marg, New Delhi. Though there have been discussions to set up different benches of the Supreme Court, currently this is the only bench of the Supreme Court of India in New Delhi. The court comprises the Chief Justice of India and 30 other judges at present.

 

HIGH COURT OF DELHI

The High Court of Judicature at Lahore which was established on 21st March, 1919, started functioning as the Delhi High Court and was established on 31st October, 1966. It exercised its powers and jurisdiction over the provinces of Punjab and Delhi at that time and continued to do so till the Indian Independence Act, 1947 came into force. Initially, the High Court of Punjab, exercised its jurisdiction over Delhi through a circuit bench. Keeping in mind the population of the territory and other relatable aspects, the Parliament enacted the Delhi High Court Act, 1966, which was eventually recognized on 31st October 1966. The Delhi High Court initially came into effect with four Judges. Article 241 of the Indian Constitution gives power to the Parliament to constitute a High Court by law. The Parliament can also provide for the establishment of one High Court for two or more states. The Delhi High Court is the highest court of appeal in the state and is vested with the power to interpret the Constitution. It is the protector of the Fundamental Rights of the citizens of that particular state.

Article 226 of the Indian Constitution confers powers on people of the country to directly approach the High Court for protection of their Fundamental Rights. Currently, there is only a single bench of the Delhi High Court and it is located on Shershah Road in New Delhi. Presently, the Delhi High Court has a strength of 45 permanent judges and 15 additional judges.

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