Articles 131 to 140 of the Constitution deal with the Jurisdiction of the Supreme Court. The Constitution has conferred a very extensive and vast jurisdiction on the Supreme Court. As the apex judicial body, the Supreme Court has both original and appellate jurisdiction. Its jurisdiction extends over constitutional matters, civil and criminal cases, and cases involving interpretation of laws. UPSC Indian Polity and Governance Syllabus includes the Jurisdiction of Supreme Court which is described in this article.

The jurisdiction and powers of the Supreme Court can be classified into the following:

1. Original Jurisdiction
2. Writ Jurisdiction
3. Appellate Jurisdiction
4. Advisory Jurisdiction
5. A Court of Record
6. Power of Judicial Review
7. Constitutional Interpretation
8. Other Powers

Constitutional Provisions about Jurisdiction of the Supreme Court

Supreme Court - Jurisdiction and Power

The Constitution has conferred a very extensive and vast jurisdiction on the Supreme Court.

Original Jurisdiction

• As a Federal Court, the Supreme Court decides the disputes between different states.
  • Between the Centre and one or more States.
  • Between the Centre and any State or states on one side and one or more other States on the other.
  • Between two or more States.
• In case of federal disputes, the Supreme Court has exclusive and original jurisdiction.
• However, a dispute between the citizen and the Centre or state can not be entertained under it.
• Jurisdiction of the Supreme Court does not extend to the following

1. A dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, or sanad.
2. A dispute arising out of any treaty which specifically provides that the said jurisdiction does not extend to such a dispute.
3. Inter-state water disputes.
4. Matters referred to the Finance Commission.
5. Ordinary disputes of commercial nature between the Centre and States.

Writ Jurisdiction

• The Supreme Court has been assigned the role of guarantor and defender of the Fundamental Rights. The Supreme Court is empowered to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce these rights.

• In this regard, the Supreme Court has original jurisdiction however the writ jurisdiction of the Supreme Court is not exclusive and it is concurrent to the high court's jurisdiction.
• Along with the Supreme Court, the Constitution has also empowered high courts to issue writs.
• However, the Supreme Court is empowered to issue writs only for enforcement of Fundamental Rights. High courts can issue writs not only for the enforcement of Fundamental Rights but also for any other purpose also.

Appellate Jurisdiction

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

Constitutional Matters

The Supreme Court hears appeals on constitutional matters, including disputes involving the interpretation of the Constitution of India or substantial question of law.

Civil Appeals

• The Supreme Court hears appeals in civil cases from any High Court or a tribunal in the territory of India. These cases could involve disputes related to property, contracts, torts, family matters, etc.
• According to Article 133, any decision, decree, or final order of a high court in a civil case may be appealed to the Supreme Court. An appeal can be made under if the high court certifies the following conditions:

1. a) That the case involves a substantial question of law of general importance
2. b) That the question regarding constitutional law needs to be decided by the Supreme Court.

Criminal Appeals

• The Supreme Court hears appeals in criminal cases from any High Court or a tribunal in the territory of India. These cases typically involve criminal offences such as murder, theft, fraud, etc.
• According to Article 134, any judgement, final order, or punishment issued by a high court in a criminal case there is a right of appeal to the Supreme Court:

1. a) If a high court overturns an accused person’s acquittal following an appeal from the accused and sentenced him to death.
2. b) If the high court withdraws any case for trial before itself, from any court subordinate to its authority and if in such trial high court sentences an accused person to death.
3. c) If the High Court certifies that the case is a fit case for making an appeal to the Supreme Court.

• In 1970, the Parliament had enlarged the Criminal Appellate Jurisdiction of the Supreme Court. Accordingly, an appeal lies to the Supreme Court from the judgement of the high courts if the high court:

1. a) has on appeal, reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or for ten years.
2. b) has taken before itself any case from any subordinate court and convicted the accused person and sentenced the accused person and sentenced him to imprisonment for life or for ten years.

Appeals by Special Leave

It is a unique feature of the Indian legal system where the Supreme Court has the discretion to grant special leave to appeal against any judgment or order in any case or matter passed by any court or tribunal in the country under Article 136 of the Constitution.

• It means that parties dissatisfied with a judgment of any court or tribunal can approach the Supreme Court seeking special permission to appeal.
• It is a discretionary power and hence can not be claimed as matter of right.
• It can be granted in any judgements whether final or inerlocutory.
• It may be related to any matter constitutional, civil, criminal, income tax, labour, advocates etc.
• It can be granted against any court or tribunal and not necessarily against high court.

Advisory Jurisdiction

• The Constitution authorises the President to seek the opinion of the Supreme Court in the two categories of matters under Article 143.

1. On any question of law or fact of public importance which has arisen or which is likely to arise.
2. On any disputes arising out of any pre-constitution treaty, agreement,sanad or other similar instruments.

• In the first case, the Supreme Court may refuse to tender the opinion to the President but in the second case, the Supreme Court must tender the opinion to the President.
• In both cases, the opinion is not binding on the President.
• Examples of matters referred to the Supreme Court by the President for advice:
  • Kerala Education Bill
  • Berubari Union in 1960
  • Ram Janma Bhumi case in 1993
  • 2G spectrum case verdict in 2012.

Court of Record

As a Court of Record, the Supreme Court has two powers:

• The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal precedents and legal references.
• It has the power to punish for contempt of court, either with simple imprisonment for a term up to six months or with a fine or with both.
• Contempt of court may be civil or criminal.
  • Civil Contempt: It is a wilful disobedience to any judgment, decree, order, writ or wilful breach of an undertaking given to a court.
  • Criminal Contempt: It is the publication of any matter or the doing of any other act which scandalises or lowers the authority of any court, or interferes with the due course of any judicial proceeding, or obstructs the administration of justice in any other manner.

Power of Judicial Review

• Judicial review is the power of the Supreme Court to examine the constitutionality of the laws and executive orders of both the Central and state governments.
• If any provision is found violative of the Constitution, it can be declared as unconstitutional by the Supreme Court.

Constitutional interpretation

• Every constitutional decision relies on the court's interpretation of what the Constitution means, why it exists in the form it does, and, most importantly, what injustices it is intended to address.
• The courts apply a number of principles while interpreting the Constitution.
  • Doctrine of Severability
  • Doctrine of Waiver
  • Doctrine of Eclipse
  • Doctrine of Colourable Legislation
  • Doctrine of Implied Powers
  • Doctrine of Incidental and Ancillary Powers

Other areas of Jurisdiction of the Supreme Court

• Deciding the disputes regarding the election of the President and the vice-President. In this regard, it has original, exclusive and final authority.
• It inquires into the conduct and behaviour of the chairman and the members of the UPSC, or SPSC or JSPSC on the reference made by the President. The device tendered in this regard is binding on the President.
• It has the power to review its own judgements or order. Thus THE Supreme Court is the self-correcting agency. Eg. In the Kesavananda Bharati Case (1973), the Supreme Court departed from its previous judgement in the Golak Nath case (1967).
• It is authorised to withdraw the cases pending before the high courts or transfer a case or appeal before any high court to another high court or dispose them by itself.
• It has power of judicial superintendence and control over all the courts and tribunals functioning in the entire territory of the country.

Conclusion

It can be concluded that India's Supreme Court is the country's highest judicial authority and has a broad range of jurisdiction and substantial powers and tasks that it exercises in the public interest. It is the guardian of an individual's fundamental rights and interprets the Constitution's provisions via its grand vision. It ensures social and economic justice for Indian residents and enacts laws that are undeniable and binding on all other courts.

FAQs

Q1: What is the jurisdiction of the Supreme Court of India?

Q2: What is original jurisdiction in the context of the Supreme Court?

Q3: What is appellate jurisdiction?

Q4: What role does the Supreme Court play in protecting fundamental rights?

Q5: How does the advisory jurisdiction of the Supreme Court work?

MCQs

1. What type of jurisdiction allows the Supreme Court to hear cases directly?

A) Appellate jurisdiction

B) Original jurisdiction

C) Advisory jurisdiction

D) Exclusive jurisdiction

2. Which article of the Indian Constitution empowers the Supreme Court to issue writs for the enforcement of fundamental rights?

A) Article 13

B) Article 32

C) Article 226

D) Article 141

3. What is the main purpose of the advisory jurisdiction of the Supreme Court?

A) To settle disputes between states

B) To enforce fundamental rights

C) To provide legal advice to the President

D) To review legislative acts

4. In which type of jurisdiction does the Supreme Court review decisions made by lower courts?

A) Original jurisdiction

B) Appellate jurisdiction

C) Advisory jurisdiction

D) Exclusive jurisdiction

5. Which of the following powers is NOT granted to the Supreme Court of India?

A) To interpret the Constitution

B) To issue orders to the Parliament

C) To hear appeals from High Courts

D) To protect fundamental rights

GS Mains Questions and Model Answers

Q1. Discuss the significance of the Supreme Court's original jurisdiction in maintaining federalism in India.

Answer: The Supreme Court's original jurisdiction plays a crucial role in maintaining federalism in India by resolving disputes between states and between the center and states. This jurisdiction is primarily exercised in cases where the government of India or one or more states are parties. By adjudicating these disputes, the Supreme Court ensures that the federal structure is upheld and that the rights of states are protected against potential encroachments by the central government. Furthermore, the original jurisdiction reinforces the principle of cooperative federalism, encouraging states to resolve their conflicts amicably while relying on the judiciary for fair adjudication. Through this mechanism, the Supreme Court acts as a mediator, promoting harmony and stability within the federation.

Q2. Analyze the role of the Supreme Court in upholding fundamental rights in India.

Answer: The Supreme Court of India plays a pivotal role in upholding fundamental rights, acting as the guardian of the Constitution. Under Article 32, citizens can approach the Supreme Court directly for the enforcement of their fundamental rights, making it a crucial institution for judicial review. The Court's power to issue writs, including habeas corpus, mandamus, prohibition, and certiorari, allows it to protect individuals from arbitrary actions by the state. Landmark judgments have reinforced the significance of fundamental rights, expanding their scope and applicability. The Supreme Court has interpreted these rights in light of changing societal norms and values, ensuring that they remain relevant. Through its proactive approach, the Supreme Court has significantly contributed to the development of constitutional law and the protection of civil liberties.

Q3. Evaluate the impact of the Supreme Court’s advisory jurisdiction on the executive branch of the government.

Answer: The advisory jurisdiction of the Supreme Court has a significant impact on the executive branch of the government, particularly in guiding the President on constitutional matters. While the opinions given by the Court are not binding, they carry substantial weight and influence executive decisions, promoting legal clarity and adherence to constitutional principles. This jurisdiction allows for a constitutional check on the executive, ensuring that the government acts within its legal framework. Furthermore, it encourages informed decision-making by the executive, minimizing the likelihood of arbitrary actions. The advisory role reinforces the notion of a collaborative relationship between the judiciary and the executive, fostering accountability and constitutional governance.

Previous Year Questions on  Jurisdiction of Supreme Court

1. UPSC CSE 2021

Question. Discuss the jurisdiction and powers of the Supreme Court of India and its role as the guardian of the Constitution.

Answer: The Supreme Court of India, as the highest judicial forum and final court of appeal under the Constitution, wields significant jurisdiction and powers. It has original, appellate, and advisory jurisdictions, empowering it to hear cases at the first instance, review decisions from lower courts, and provide legal advice to the President. The Court's original jurisdiction allows it to settle disputes between states or between the center and states, which is vital for maintaining the federal structure. Its appellate jurisdiction ensures uniform interpretation and application of laws across the country. Furthermore, the Supreme Court is entrusted with the protection of fundamental rights, acting as a guardian of the Constitution through judicial review. Its ability to issue writs under Article 32 empowers individuals to seek redress against violations of their rights. By interpreting the Constitution, the Supreme Court plays a pivotal role in safeguarding democracy and upholding the rule of law.

2. UPSC CSE 2022

Question. Evaluate the significance of the Supreme Court’s role in protecting fundamental rights and ensuring justice in India.

Answer: The Supreme Court of India plays an indispensable role in protecting fundamental rights, which are essential for individual dignity and liberty. Through its power of judicial review, the Supreme Court ensures that any law or executive action violating fundamental rights is declared unconstitutional. This protective function is primarily exercised under Article 32, where individuals can approach the Court for enforcement of their rights. Landmark judgments have established precedents that not only affirm fundamental rights but also expand their scope to include the right to privacy, right to education, and right to a clean environment. The Court's proactive approach in addressing issues like social justice and equality further underscores its significance. By acting as a check on legislative and executive powers, the Supreme Court reinforces the rule of law and promotes justice, thereby ensuring that the principles of democracy are upheld in the country.

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