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Types of Jurisdiction of Supreme Court

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The meaning of jurisdiction refers to the authority which is given to a legal body like that of a court for administering justice which is within the defined field of responsibility. Three types of jurisdictions are present in the Supreme Court of India- original, appellate, and advisory, which are provided in Articles 131, 133,136, and also 143 of the Constitution of India.

Types of Jurisdiction of Supreme Court

Types of Jurisdiction of Supreme Court

Jurisdiction and Its Types

The word jurisdiction has its roots in Latin, a combination of “Juris” meaning “law” and “Dicere” meaning “to speak”. Hence, the whole meaning of jurisdiction is the scope of the supreme court hearing to decide cases and settle disputes. The supreme court is the apex body of the Indian judiciary framework to maintain the constitution in India and uphold the values of the rule of law in the nation, thus it is known as the final interpreter and custodian of the constitution of India.

The Constitution has conferred an extensive range of extensive jurisdiction and powers to the supreme court. In addition, it has advisory and supervisory powers. The Supreme Court has jurisdiction and constitutional powers as defined in Articles 124 to 147 of the Constitution of India. The Supreme Court of India plays the role of a federal court like the United States Supreme Court and a final court like the British House of Lords.

 A member of the drafting committee of the constitution Alladi Krishnaswamy Ayyar quoted the supreme court as “The Supreme Court of India has more powers than any other supreme court in any part of the world”. The jurisdiction of the Supreme Court can be classified in the following ways :

  1. Original Jurisdiction
  2. Appellate Jurisdiction
  3. Advisory Jurisdiction

1. Original Jurisdiction

The constitution of India Article 131 confirms the Original Jurisdiction of the supreme court. As a federal court, its exclusive original jurisdiction extends to decide any disputes between different states of the Indian Federation. These disputes are :

  • Dispute between The Union Government and one (or) more state governments.
  • Dispute between the one-to-one (or) more state governments.

 The Supreme Court has exclusive original jurisdiction to adjudicate the above-mentioned federal disputes in the sense that no other court can hear and decide such federal disputes. Article 139A of the Constitution of India allows certain cases involving fundamental rights disputes to be transferred from a High Court or multiple High Courts to the Supreme Court. According to Article 138 of the Constitution of India, original jurisdiction can be conferred on the Supreme Court through the medium of Acts of Parliament. The supreme court has the jurisdiction and power to hear such disputes in the first instance, rather than by way of appeal.

The following matters are not within the original jurisdiction of the Supreme Court :

  • A dispute over a pre-constitutional agreement or treaty under Article 363 (1).
  • Water disputes between state governments such as the distribution of inter-state river water [Article 260].
  • Disputes concerning damage recovery between the union government and state government.
  • Disputes relating to Finance Commission such as the presidential recommendation to the finance commission [Article 280].
  • Disputes between the union government and state government regarding commercial activities.
  • Dispute between the union government and state government concerning adjustments of some expenses and pensions under article 290.
  • The dispute made the adjustment of expenses between the union government and the state government under articles 257(4) and 258(3).

Writ Jurisdiction

The Constitution of India ensures that the Supreme Court is the guarantor and protector of the fundamental rights of the citizens. Article 32 of the Constitution of India empowers the Supreme Court to issue writs to enforce fundamental rights in the country. The Supreme Court is empowered to issue the following types of writs, which include :

  • Habeas Corpus – You may have the body.
  • Mandamus – We command.
  • Prohibition – To prohibit
  • Quo-Warrenton – What is your authority?
  • Certiorari – To be certified.

The supreme court has original jurisdiction concerning writ jurisdiction, which confirms that any aggrieved person can directly go to the supreme court, not necessarily by way of appeal. About the Writ, The jurisdiction of the Supreme Court is not an exclusive power as the High Courts can also issue writs in respect of the enforcement of fundamental rights.

Here we have to note that the Supreme Court can issue only writs for the enforcement of fundamental rights and not for any other purpose, on the other hand, the High Courts can issue writs for the enforcement of fundamental rights as well as for other purposes. That means the writ jurisdiction of the High Court is wider than the writ jurisdiction of the Supreme Court.

2. Appellate Jurisdiction

The Supreme Court is not only a federal court but also the highest court in India, which clearly states that the Supreme Court is primarily a court of appeal against the judgments of lower courts and tribunals. Articles 132 and 133 of the Constitution of India establish the appellate jurisdiction of the Supreme Court. The Supreme Court enjoys wider appellate jurisdiction which can be classified into four categories :

  1. Appeals with regards to constitutional category.
  2. Appeals by special leave 
  3. Appeals with regards to the civil category.
  4. Appeals with regards to the criminal category.

Constitutional Appellate Category

As regards the Constitution, the judgment of the High Court may be appealed to the Supreme Court, when the High Court has confirmed and given a certifies that the particular case involved a significant question of law requiring the interpretation of the Constitution.

Special Leave Appellate Category

 The Supreme Court has authorized exclusive power to grant in its discretion special leave to appeal from any judgment in any matter passed by matter any court or tribunal in the country except military tribunal and court martial. The Supreme Court has exclusive power concerning selective ability in its discretionary to grant special leave to appeal from any judgment on any matter passed by any court or tribunal in the nation except Military Tribunals and Courts Martial.

Consequently, the extent of this provision of discretionary power is exceptionally more extensive and vests the supreme court with an entire purview to hear appeals. It is a discretionary power of the Supreme Court, therefore it cannot be sued in respect of a matter of right and it can be granted in any final or interim judgment. Note that this discretionary power may be connected with any aspect of constitutional, civil, or criminal cases, where it is not necessarily granted against the High Court.

Civil Cases Appellate Category

In respect of civil cases, the judgment of the High Court may be appealed to the Supreme Court if the High Court grants a certificate as follows, That particular civil case might involve a significant substantial question of law of general importance, and note the observation here that the supreme court only has the power to decide that substantial question concerning the general importance.

Criminal Cases Appellate Category

The Supreme Court can hear an appeal against the judgment of the High Court in criminal cases if the judgment of the High Court appears as follows :

  • The High Court quashed the acquittal of an accused and sentenced him to death.
  • The High Court itself takes over any case from any subordinate court and convicts the accused and sentences him to death.
  • A proper certificate is provided by the High Court that the particular criminal case is fit for appeal in the Supreme Court.

3. Advisory Jurisdiction

Article 143 of the Constitution of India confers the advisory jurisdiction of the supreme court which provides that the President of India may seek the opinion of the Supreme Court in the following categories :

  • Any question of law may likely be with respect view of public importance where the President deems it expedient to obtain such an option and On any dispute arising out of any prior constitutional agreement or treaty.
  • The Supreme Court can tender or reject its opinion to the President of India in the first case but the Supreme Court has to tender its opinion to the President in the second case.
  • Here we have to note that, in both these cases, the opinion expressed by the Supreme Court is merely advisory and not a legal pronouncement, so the judiciary opinion of the Supreme Court is not binding on the President.

Review Jurisdiction

Review Jurisdiction is covered under Article 137, through which the Supreme Court has the authority for the reviewal of its judgments. There are two grounds for reviews:

  1. Apparent error on the face of recording which leads to judgment or
  2. If in case new evidence has been unearthed which was not available earlier despite the best attempt by the party.

Frequently Asked Questions

Q 1. Briefly explain the Jurisdiction of the Supreme Court.

Answers-

ConstitutionThe word jurisdiction has its roots in Latin, a combination of “Juris” meaning “law” and “Dicere” meaning “to speak”. Hence, the whole meaning of jurisdiction is the scope of the supreme court hearing to decide cases and settle disputes. The supreme court is the apex body of the Indian judiciary framework to maintain the constitution in India and uphold the values of the rule of law in the nation, thus it is known as the final interpreter and custodian of the constitution of India.

The constitution has conferred an extensive range of extensive jurisdiction and powers to the supreme court. In addition, it has advisory and supervisory powers. The Supreme Court has jurisdiction and constitutional powers as defined in Articles 124 to 147 of the Constitution of India.

Q 2. What type of jurisdiction does the Supreme Court have?

Answers-

 

The jurisdiction of the Supreme Court can be classified in the following ways :

Original Jurisdiction, Appellate Jurisdiction and Advisory Jurisdiction

 

Q 3. Briefly explain the original jurisdiction of the Supreme Court of India.

Answers-

The constitution of India Article 131 confirms the Original Jurisdiction of the supreme court. As a federal court, its exclusive original jurisdiction extends to decide any disputes between the different states of the Indian Federation. In detail, these disputes are :

  • Dispute between The Union Government and one (or) more state governments.
  • Dispute between the one-to-one (or) more state governments.

 The Supreme Court has exclusive original jurisdiction to adjudicate the above-mentioned federal disputes in the sense that no other court can hear and decide such federal disputes. Article 139A of the Constitution of India allows certain cases involving fundamental rights disputes to be transferred from a High Court or multiple High Courts to the Supreme Court. According to Article 138 of the Constitution of India, original jurisdiction can be conferred on the Supreme Court through the medium of Acts of Parliament.

Q 4. What type of writ jurisdiction does Supreme Court have?

Answers-

Article 32 of the Constitution of India empowers the Supreme Court to issue writs to enforce fundamental rights in the country. The Supreme Court is empowered to issue the following types of writs, which include :

  • Habeas Corpus – You may have the body.
  • Mandamus – We command.
  • Prohibition – To prohibit
  • Quo-Warrenton – What is your authority?
  • Certiorari – To be certified.

Q 5. Briefly explain the Advisory Jurisdiction of the Supreme Court of India.

Answers-

Article 143 of the Constitution of India confers the advisory jurisdiction of the supreme court which provides that the President of India may seek the opinion of the Supreme Court in the following categories. Any question of law may likely be with respect view of public importance where the President deems it expedient to obtain such an option and On any dispute arising out of any prior constitutional agreement or treaty.



Last Updated : 02 Aug, 2023
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