Jurisdiction of the Supreme Court refers to the extent of the power of the SC to make legal decisions and judgements.
The constitution of India has vested a very extensive jurisdiction and vast powers in the Supreme Court of India. It is not only a Federal Court like the American Supreme Court but also a final court of Appeal like the British House of Lords.
The Supreme Court has the following types of jurisdiction-
Original Jurisdiction
Original Jurisdiction refers to cases where the Supreme Court can be approached directly. In the context of the Supreme Court of India, it means that the Supreme Court is the first court to hear and decide a case, rather than hearing an appeal from a lower court.
As a federal court, the Supreme Court decides the disputes between different units of the Indian Federation. More elaborately, any dispute:
(a) Between the Centre and one or more states; or
(b) Between the Centre and any state or states on one side and one or more other states on the other side; or
(c) Between two or more states.
In the above federal disputes, the Supreme Court has exclusive original jurisdiction. Exclusive means, no other court can decide such disputes and original means, the power to hear such disputes in the first instance, not by way of appeal.
Jurisdiction of the Supreme Court does not extend to the following:
(a) A dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement, sanad or other similar instruments.
(b) A dispute arising out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
(c) Interstate water disputes.
(d) Matters referred to the Finance Commission.
(e) Adjustment of certain expenses and pensions between the Centre and the states.
(f) Ordinary dispute of Commercial nature between the Centre and the states.
(g) Recovery of damages by a state against the Centre
The original jurisdiction of the Supreme Court is crucial in resolving disputes that involve significant legal or constitutional questions. Its decisions in such cases have a significant impact on the country’s legal and political landscape.
Additionally, the Supreme Court’s original jurisdiction helps in the speedy resolution of complex legal disputes that may take a long time to be resolved in lower courts.
Appellate Jurisdiction
The cases come to the Supreme Court in the form of appeals against the judgments of the lower courts and this is called appellate jurisdiction. Appellate jurisdiction involves the constitution and civil and criminal matters.
In the context of the Supreme Court of India, it means that the Supreme Court can hear appeals against the decisions of High Courts and other subordinate courts in the country.
The appellate jurisdiction of the Supreme Court is essential in ensuring that justice is served uniformly across the country. It acts as a final court of appeal in cases where the parties are not satisfied with the decision of the lower courts. The Supreme Court can review the decision of the lower courts and ensure that they have followed the law and upheld the principles of justice.
Here are some of the features of appellate jurisdiction in India:
1. Review of lower court decisions: The appellate courts in India have the power to review and revise the decisions of lower courts. This means that if a party is dissatisfied with a judgment or order of a lower court, they can appeal to a higher court to have the decision reviewed.
2. Limited scope of the review: The scope of review in appellate jurisdiction is limited. The higher courts can only review legal issues and cannot re-examine the facts of the case unless there is a clear error of law or fact.
3. Hears appeals only: The appellate courts in India do not hear cases afresh. They only hear appeals from lower courts and tribunals.
4. Multiple levels of appellate courts: India has a three-tiered system of appellate courts – the district courts, high courts, and the Supreme Court. The district courts are the lowest level of the judiciary, followed by the high courts, and finally, the Supreme Court.
5. Jurisdictional limits: The appellate jurisdiction of each court is determined by law. The district courts have appellate jurisdiction over cases from subordinate courts, while high courts have jurisdiction over cases from lower courts and tribunals. The Supreme Court has appellate jurisdiction over high courts and tribunals.
6. Interlocutory appeals: In India, interlocutory appeals are allowed in certain cases. An interlocutory appeal is an appeal against a decision made during the course of a trial, such as an order for the production of documents or an order granting or denying bail.
The Supreme Court’s appellate jurisdiction is also crucial in interpreting and clarifying legal issues that arise in lower courts. The Supreme Court’s decisions in such cases provide guidance to the lower courts, helping them to apply the law correctly and consistently.
The appellate jurisdiction of the Supreme Court is not limited to civil and criminal matters but also extends to constitutional matters. In cases where the lower courts have given decisions that violate the Constitution of India, the Supreme Court can review those decisions and ensure that the Constitution is upheld.
Writ Jurisdiction
Writ jurisdiction refers to the power of a court to issue writs, which are orders that direct a person, entity, or government official to perform a specific action or refrain from doing so. In the context of the Supreme Court of India, writ jurisdiction is an essential aspect of the court’s power to protect the fundamental rights of citizens.
Article 32 of the Constitution of India confers writ jurisdiction on the Supreme Court, allowing individuals to directly approach the court for the enforcement of their fundamental rights. The Supreme Court can issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
Habeas Corpus is a writ that can be used to release a person who is unlawfully detained.
Mandamus is a writ that can be issued to compel a public authority to perform a duty that it is legally obligated to perform.
Prohibition is a writ that can be used to stop a lower court or tribunal from exceeding its jurisdiction or acting contrary to the principles of natural justice.
Certiorari is a writ that can be used to quash the decision of a lower court or tribunal that has acted without jurisdiction or in violation of the principles of natural justice.
Quo Warranto is a writ that can be used to challenge the right of a person to hold a public office.
The writ jurisdiction of the Supreme Court is essential in ensuring that the fundamental rights of citizens are protected and that public authorities act within the limits of the law. It is also crucial in maintaining the rule of law and preventing the abuse of power by public authorities.
However, the writ jurisdiction of the Supreme Court is not exclusive. The high Courts are also empowered to issue writs for the enforcement of Fundamental Rights.
Writ Jurisdiction of Supreme Court and High Court
The Supreme Court can issue writs only for the enforcement of Fundamental Rights and not for other purposes under Article 32. The High Court, on the other hand, can issue writs not only for the enforcement of Fundamental Rights but also for other purposes under Article 226.
It means that the writ jurisdiction of the High Court is wider than that of the Supreme Court, the power to issue writs for other purposes too.
Advisory Jurisdiction
Advisory jurisdiction refers to the power of a court to provide an opinion or advice on legal or constitutional questions referred to it by the President of India or the Governor of a State.
In the context of the Supreme Court of India, it means that the court has the power to give its opinion on questions of law or fact that are referred to it by the President or the Governor.
Article 143 of the Constitution of India grants the Supreme Court the power of advisory jurisdiction. The President or the Governor can seek the court’s opinion on any question of law or fact that they think is of public importance or that requires the court’s opinion for the discharge of their duties.
The opinion given by the Supreme Court is not binding on the President or the Governor, but it carries significant weight and can influence their decisions.
- The Constitutional validity of any proposed or existing law.
- The interpretation of the Constitution or any provisions thereof.
- The legality of any order or ordinance issued by the President.
- The jurisdiction of the Supreme Court or any other court.
- On any dispute arising out of any pre-constitution treat, agreement, covenant, engagement, sanad, or any similar instruments.
The advisory jurisdiction of the Supreme Court is essential in providing guidance on complex legal and constitutional issues that arise in the country. It helps in resolving disputes that may have far-reaching consequences for the country’s legal and political landscape. Additionally, the advisory jurisdiction of the Supreme Court helps in ensuring that the President and the Governor can make informed decisions based on the court’s opinion.
