The Supreme Court of India

(Article 124 to 147 in Part V of Indian Constitution)

Jurisdiction and Powers of Supreme Court of India

·  Alladi Krishnaswamy Ayyar, member of Drafting Committee of the Constitution stated that –

“The Supreme Court of India has more powers than any other Supreme Court in any part of the world.”

·  This is true as the Constitution has awarded very broad jurisdiction and vast powers on the Supreme Court.

·  The Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament.

·  The Jurisdiction and Powers of the Supreme Court of India can be classified as –

1.      Original Jurisdiction.

2.      Writ Jurisdiction.

3.      Appellate Jurisdiction.

4.      Advisory Jurisdiction.

5.      A Court of Record.

6.      Power of Judicial Review.

7.      Other Powers.

 

 

Jurisdiction and Powers of Supreme Court of India

1.      Original Jurisdiction

· Since, the Supreme Court is a Federal Court, any disputes between different units of Indian Federation are decided by it. Like –

1.      The Centre and one or more states or

2.      The Centre and any state or states on one side & one or more states on the other or

3.      Between two or more states.

· The Supreme Court is the only court which can decide and hear such disputes in the first instance, not by way of Appeal. This is known as Exclusive Original Jurisdiction.

· With Regards to this Jurisdiction of the Supreme Court following should be noted –

1.     The dispute must involve a question on which the existence or extent of a legal right depends.

2.     Any suit brought before the Supreme Court by a private citizen against the Centre or a state cannot be entertained under this.

· This jurisdiction of the Supreme Court does not extend to the following –

1.  Dispute arising out of any pre-Constitution treaty, agreement, engagement, or other similar instrument.

2.      Inter-state water disputes.

3.      Matters referred to the Finance Commission.

4.      Ordinary dispute of Commercial nature between the Centre and the states.

5.      Recovery of damages by a state against the Centre etc.

 

2.      Writ Jurisdiction

· The Supreme Court is Guarantor and Defender of the Fundamental Rights of the Citizens.

· Supreme Court have the powers to issue writs including Habeas Corpus, Mandamus, Prohibition, Quo-warrento and Certiorari for enforcement of Fundamental Rights of distressed citizens.

· The Supreme Court has Original Jurisdiction in this regard, as the distressed Citizen can directly go to the Supreme Court, not necessarily by way of Appeal.

· The Writ Jurisdiction is not exclusive because High Courts are also eligible to issue writs to enforce Fundamental Rights.

 

3.      Appellate Jurisdiction

· The Supreme Court is also the Highest Court of Appeal.

· The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts.

· It enjoys a wide appellate jurisdiction which can be classified under following –

1.      Appeals in constitutional matters.

2.      Appeals in civil matters.

3.      Appeals in criminal matters.

4.      Appeals by special leave.

 

a)    Constitutional Matters

o An appeal can be made in Supreme Court against the Judgment of a High Court, if the High Court certifies that the case involves significant question of law that requires clarification of Constitution.

 

b)   Civil Matters

o An appeal can be made in Supreme Court against the Judgement of the High Court, if the High court certifies –

§ The case involved has a significant question of law of general importance.

§ It needs to be decided by Supreme Court.

 

c)    Criminal Matters

o Supreme Court hears the appeals made against the Judgement in a Criminal Case of a High Court if –

§Has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or for ten years

§Has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death or to imprisonment for life or for ten years.

§Certifies that the case is a fit one for appeal to the Supreme Court.

o Further, this Jurisdiction of Supreme Court extends to all Civil and Criminal cases in which Federal Court of India had Jurisdiction to hear Appeal from the High Court.

 

d)   Appeal by Special Leave

o Supreme Court is authorised to grant in its discretion special leave to appeal from any Judgement passed by any court or tribunal in the Country.

o This contains following features –

§ It is a discretionary power and hence, cannot be claimed as a matter of right.

§ It can be granted in any judgement whether final or interlocutory.

§ It may be related to any matter—constitutional, civil, criminal, income tax, labour, revenue, advocates, etc.

§ It can be granted against any court or tribunal and not necessarily against a high court (except a military court).

 

 

4.      Advisory Jurisdiction

· Article 143 of Indian Constitution authorises the President to seek the advice of Supreme Court in following Matters –

1.      On any question of law or fact of public importance which has arisen or which is likely to arise.

2.      On any dispute arising out of any pre-constitution treaty, agreement, engagement, or other similar instruments.

· In First case Supreme Court can give or refuse to tender his advice but in second case, it must give his advice.

· In both the cases, the opinion expressed by the Supreme Court is only advisory and not a judicial declaration. Hence, not binding on the President.

 

 

5.      A Court of Record

· As a Court of Record, the Supreme Court has two powers –

1.    The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records cannot be questioned when produced before any court. They are recognised as legal precedents and legal references.

2.   It has power to punish for contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2,000 or with both. This also includes high courts, subordinate courts and tribunals functioning in the entire country.

· Contempt of Court can be classified as –

1.   Civil Contempt – wilful disobedience to any judgement, order, writ or other process of a court or wilful breach of an undertaking given to a court.

2.     Criminal Contempt – the publication of any matter or doing an act which –

o  Lowers the authority of a court; or

o  Interferes with the due course of a judicial proceeding; or

o  Obstructs the administration of justice in any other manner.

 

 

6.      Power of Judicial Review

· It is the power given to Supreme Court to examine the constitutionality of the legislative enactment and executive orders of both the central and state Governments.

· On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court.

 

 

7.      Other Powers

· Other powers of Supreme Court includes –

1.     It decides the disputes regarding the election of the president and the vice-president. In this regard, it has the original, exclusive and final authority.

2.  It enquires into the conduct and behaviour of the chairman and members of the Union Public Service Commission on a reference made by the president. If it finds them guilty of misbehaviour, it can recommend to the president for their removal which is binding on the President.

3.    It has power to review its own judgement or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare. In brief, the Supreme Court is a self-correcting agency.

4.   It is authorised to withdraw the cases pending before the high courts and dispose them by itself. It can also transfer a case or appeal pending before one high court to another high court.

5.   It is the ultimate interpreter of the Constitution. It can give final version to the spirit and content of the provisions of the Constitution and the verbiage used in the Constitution.

6.   It has power of judicial superintendence and control over all the courts and tribunals functioning in the entire territory of the country.

 

 

So, this is all about the Jurisdiction and Powers of Supreme Court of India. You can also read about Basic Structure of Indian Constitution Here.

 

In the Next Post (Click Here), we are going to discuss the very important topic of Judicial Review. If you liked our notes than do subscribe to our Facebook Page to get regular updates.