Revision summary
The Supreme Court began with writs, federal disputes, and appeals. Champakam showed rights jurisdiction that triggered constitutional amendment. Golaknath, Kesavananda, and Minerva Mills created basic-structure constitutional review. Article 21 and PIL expanded the Court into a wide public-law forum. A constitutional court here means custody of identity, not only private appellate justice.
Model answer
Introduction
The Supreme Court began as a federal apex and a guardian of fundamental rights. It evolved into a constitutional court that names the Constitution’s identity, expands liberty, and sometimes governs by guideline. Golaknath, Kesavananda, and Minerva Mills are the doctrinal stairs.
Body
Original jurisdiction
- Articles 32, 131, 132–136, and 143 gave writs, federal disputes, appeals, and advisory opinions.
- Early years were a common-law apex plus property and speech cases, still close to a Privy Council successor in style.
- Champakam Dorairajan (1951) showed rights jurisdiction that could stop social policy and force the First Amendment.
From parliamentary sovereignty to basic structure
- Golaknath (1967) treated fundamental rights as beyond amendment, a maximal rights court against Parliament.
- Kesavananda Bharati (1973) recast the Court as the organ that defines basic structure: amendment is possible, identity is not.
- Minerva Mills (1980) used that jurisdiction to restore harmony of Parts III and IV after the 42nd Amendment.
- This is the birth of a true constitutional court: not only error-correction, but custody of the Constitution against the amending state.
Expansion of rights and public law
- Maneka Gandhi (1978) and later Article 21 cases turned procedure into fairness and then into a field of socio-economic claims.
- Public interest litigation widened standing, so the Court became a forum for the unrepresented, with gains and with docket politics.
- Review of the Ninth Schedule in I. R. Coelho (2007) pulled even immunised statutes back into basic-structure jurisdiction.
Examination
- Evolution is from a federal-and-rights court to a basic-structure constitutional court with a wide Article 21 and PIL jurisdiction.
- The gain is limitation of emergency-minded majorities. The risk is government by bench, which Habermas would want tested in public reason and in Parliament.
- Compared with the U.S. Supreme Court, the Indian Court combines constitutional review with a vast statutory appellate load; the constitutional-court role had to be carved out of that mix.
Flow diagram
flowchart TD E[Early SC] --> CH[Champakam rights] G[Golaknath] --> K[Kesavananda basic structure] K --> MM[Minerva Mills] MM --> A21[Article 21 PIL constitutional court]
Conclusion
As a constitutional court, the Supreme Court evolved from early rights-and-federation cases through Golaknath’s lock to Kesavananda’s basic structure and Minerva’s harmony doctrine, then into a wide Article 21 and PIL forum. Jurisdiction grew from deciding cases to defining the Constitution’s enforceable identity.
Quick related
Students also ask
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Is the Supreme Court only a constitutional court?
No. It remains a general appellate court. The constitutional role is the evolved, politically central part of its jurisdiction.
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Did basic structure enlarge or shrink Parliament?
It shrank unlimited amendment. It enlarged the Court’s say over what the Constitution is.
PYQ trend
When UPSC asked this
Related PYQs from other years, newest first. Open a question to read it.
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2023 · Q7(a) · PSIR GS 1 · 20 marks
Does the actual working of Indian federalism conform to the centralizing tendencies in Indian polity? Give reasons for your answer -
2023 · Q8(c) · PSIR GS 1 · 15 marks
Do you agree that over the years the Supreme Court has become a forum for policy evolution? Justify your answer -
2021 · Q6(b) · PSIR GS 1 · 15 marks
The role of the President of India becomes more significant during a minority government and a coalition government. Explain
More from this topic
Q8(c) · UPSC Mains 2023 · PSIR GS 1 · 15 marks
Do you agree that over the years the Supreme Court has become a forum for policy evolution? Justify your answer
Principal Organs of the Union Government
Maneka Gandhi and PIL made the Supreme Court a place where social and environmental policy is often first written as rights. Vishaka guidelines, pollution and food orders, and federal cases such as Bommai are policy evolution by judgment. The Court fills vacuums left by the executive and legislature; that is the empirical basis of the statement. Electoral democracy still assigns general policy to removable legislatures. Agreement is therefore yes for rights-based gap-filling, and no for the Court as a general policy government.
Q7(a) · UPSC Mains 2023 · PSIR GS 1 · 20 marks
Does the actual working of Indian federalism conform to the centralizing tendencies in Indian polity? Give reasons for your answer
Principal Organs of the Union Government
The Constitution designs a strong Union: Article 3, residuary power, All-India Services, and emergency including Article 356. Actual working has often followed that design through President’s Rule, centrally sponsored schemes, and Governors. S. R. Bommai (1994) and coalition politics after 1989 are the main federal counter-forces. Finance Commission devolution after the Planning Commission reduced one allocative lever of the Centre. The working is therefore Union-heavy federalism with cyclical State assertion, not either pure unitarism or dual federalism.
Q6(b) · UPSC Mains 2021 · PSIR GS 1 · 15 marks
The role of the President of India becomes more significant during a minority government and a coalition government. Explain
Principal Organs of the Union Government
A majority Cabinet reduces the President to advice-bound head of state. Minority and coalition politics make formation and dissolution live presidential tasks. The 1989–91 hung Parliament is the classic national case. Floor tests, letters of support, and caretaker advice are the working tools. The office does not become a second government; it becomes a necessary referee.
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