Article 131 of the Indian Constitution vests the SC with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.
As a Guardian of the Constitution:
The Supreme Court is the protector and guardian of the constitution. The Supreme Court is the authority to safeguard the fundamental rights of the citizens.
As a Court of Appeal:
An appeal lies to the Supreme Court in respect of civil and criminal cases irrespective of any constitutional question. (Article 132, 133 and 134)
As Advisor:
The Supreme Court has an advisory jurisdiction in offering its opinion on any question of law or fact of public importance as may be referred to it for consideration by the President. (Article 143)
As an Interpreter of the Constitution and Law:
The cases involving the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court.
As the Court of Record:
The Supreme Court is a Court of Record. Its decisions bind all courts in India. HC and Subordinate Courts use its decisions/judgments as laws and decide the cases before them.
As per Writ Jurisdictions:
Under Art. 32 of the constitution of Supreme Court can issue Writs in the nature of Habeas Corpus, Mandamus, Prohibition, and Quo-warranto Certiorari; for the enforcement of fundamental rights.
Power of Judicial Review and SC (Article 137):
The power of the Judiciary to examine the validity of the law in light of the Constitution of India is called Judicial Review. If any law enacted by the Parliament is inconsistent with the spirit or letter of the constitution and it affects the rights of Citizen then it is for the SC to see to it. (Article 137)
Jurisdiction:
Under Articles 124 to 147 of the Indian Constitution, the jurisdiction of the Supreme Court is being fixed. This court is primarily of the status of the appellate court. This court is accepting the appeals of cases which are being heard in the High courts situated in different states and union territories with the dissatisfaction of related parties.
This court also accepts writ petitions with the suspected occurrence of activities which may infer about violation of human rights and subsequent petitions are accepted to hear and judge the consequences of such happenings.
This court also accepts matters of dispute between the Union and the State Government or between two State Governments. Between Union with some State Government/s and Any State Government/s
This court also hears about such serious issues which need to be attended with immediate attention
Classification of Jurisdiction:
The jurisdiction of the Supreme Court is classified under different types:
Original jurisdiction:
The Supreme Court exercises original jurisdiction exclusively to hear the cases of disputes between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States.
In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce them
The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself.
Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.
Appellate Jurisdiction:
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.
The Supreme Court has the jurisdiction of hearing the appeal raised against the judgment of all High Courts of India provided the respective High Court grants the certificate related to the query about the interpretation of the Constitution of India. In case of any civil dispute, if the High Court thinks that the intervention of Supreme Court is required to resolve substantial query of law regarding the importance, in general, is there and the High Court infers that the specific query is to be decided by the Supreme Court.
In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court.
Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.
Supreme Court has the power to exercise extraordinary jurisdiction to hear any appeal related to any matter for which any court or tribunal had decided with judgment through the option of a special leave petition. The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals (except the case of tribunal related to Armed Forces.) in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.
The Supreme Court has the power to withdraw or transfer any case from any High Court. The Supreme Court has the authority to review any verdict ordered. The law of Supreme Court is put the binding on all courts across India. Even the Supreme Court has the authority to create any rule of a government with the approval from the President of India. Supreme Court is defined as the Court of record with the right to make the punishment for the contempt of court.
Parliament is authorized to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court.
Advisory jurisdiction:
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.
There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold (Control) Act, 1968.
Appeals also lie to the Supreme Court under the Representation of the People Act, 1951, Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961, Contempt of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement of Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in Securities Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and Consumer Protection Act, 1986. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.
Powers Regarding the Contempt of Court:
Under Articles 129 and 142 of the Constitution, the Supreme Court has been vested with the power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action (a) Suo moto, or (b) on a petition made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.
Note:
Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.
