This article is written by Prachi Kumari of Usha Martin University pursuing BBA LLB, during her internship at LE DROIT INDIA

Abstract:

The Supreme Court of India, established in 1950, is the country’s highest judicial body and has the highest authority in constitutional matters. It acts as the final arbiter in disputes and ensures the protection of fundamental rights. Consisting of a Chief Justice and up to 34 judges, the Court has the power to interpret the Constitution, review legislation, and hear appeals on various legal issues. It is also responsible for issuing judicial reviews, ensuring that laws passed by Parliament do not violate constitutional principles. The Court is divided into chambers, mostly composed of two or more judges, which hear cases on a wide range of issues, from fundamental rights to national security. Its decisions are binding on all lower courts in the country. The Supreme Court has exclusive jurisdiction over matters relating to the application of fundamental rights and cases involving disputes between states or between a state and the Union of India. The Supreme Court also has the power to exercise judicial review over executive actions, ensuring that the government acts within the confines of the Constitution. Over time, the Court has developed various doctrines and legal precedents, becoming an essential pillar of Indian democracy. Its function goes beyond litigation; it plays a crucial role in formulating national policies and maintaining the rule of law in the country.¹

¹ https://indiankanoon.org/doc/180830742/

INTRODUCTION

The jurisdiction of the Supreme Court of India encompasses a wide range of powers that enable it to act as the highest judicial authority in the country. Its jurisdiction is defined by the Constitution of India and is broadly classified into original, appellate, advisory and revisional jurisdiction. Original jurisdiction allows the Supreme Court to directly hear cases involving disputes between states or between the Union and a state, as well as matters relating to the application of fundamental rights. Through its appellate jurisdiction, the Court hears appeals from the High Courts and lower courts on civil, criminal and constitutional matters. Advisory jurisdiction gives the Supreme Court the power to issue non-binding legal opinions on matters referred to it by the President of India. The Court also has revisional jurisdiction, which allows it to review and correct its own decisions in cases where an error is detected. The Supreme Court can also entertain petitions for special leave (PPE), which provide a mechanism for parties to seek leave to appeal decisions of lower courts. With its wide jurisdiction, the Supreme Court plays a crucial role in maintaining the rule of law, enforcing the Constitution, and protecting fundamental rights in India.

Types of jurisdiction

1. Original jurisdiction

Original jurisdiction refers to cases that can be brought directly before the Supreme Court, without having to be heard by a lower court. The Constitution of India describes specific matters that fall within the original jurisdiction of the Supreme Court. These include:

Disputes between the Government of India and one or more states.

Article 131 of the Constitution provides that if a dispute arises between the Government of India and a state, or between two or more states, regarding the interpretation of the Constitution or the rights of states, the Supreme Court may hear the case directly.

Disputes between states.

Disputes between two or more states, such as those over boundaries or water distribution, can also be brought directly before the Supreme Court.Enforcement of Fundamental Rights.

Article 32 gives citizens the power to appeal directly to the Supreme Court in the event of violations of their fundamental rights. This makes the Supreme Court a crucial defender of the Constitution and fundamental rights.

2. Appellate jurisdiction:

The Supreme Court’s appellate jurisdiction allows it to hear appeals from decisions of lower courts, including the Superior Courts and subordinate courts. There are three main areas of appellate jurisdiction:²

Appeals to Superior Courts.

The Supreme Court has the power to hear appeals from Superior Courts on matters involving substantial questions of law or cases that have a significant impact on the interpretation of the Constitution.

Criminal appeals.

In criminal cases, the Supreme Court can hear appeals from convictions passed by Superior Courts, particularly in capital cases.

Civil appeals.

The Supreme Court hears appeals from decisions of Superior Courts in civil matters involving substantial questions of law or important public affairs.

The Supreme Court exercises its appellate jurisdiction only after a party has exhausted the options available to appeal to the lower courts.

3. Advisory jurisdiction:

The Supreme Court of India also has advisory jurisdiction, under which it can provide legal advice to the President of India, in accordance with Article 143 of the Constitution. This jurisdiction can be exercised by the President by referring any question of law or fact to the Supreme Court for an opinion. Although the opinion of the Court is not binding, it carries significant weight in guiding the government on questions of constitutional interpretation or complex legal issues.

4. Special leave jurisdiction:

² https://blog.ipleaders.in/jurisdiction-of-supreme-court/

Under Article 136 of the Constitution, the Supreme Court has the discretionary power to grant special leave to appeal any question raised by any court or tribunal in India. This jurisdiction is granted to ensure that justice is done in exceptional cases, even if the case does not directly fall within the appellate jurisdiction. The decision to grant leave is entirely at the discretion of the Court, which has the power to select cases based on their importance, public interest or constitutional issues.

5. Jurisdiction of review:

Under Article 137, the Supreme Court has the power to review its own judgments and orders. If a party believes that there has been a significant error in the judgment of the Supreme Court, it may apply for review. The jurisdiction of review is limited and the Court will not allow an application for review unless there is an error in the record or there is a substantial reason to review the case.³

6. Curative jurisdiction:

Curative jurisdiction is an extension of the jurisdiction of review. If the Court rejects a request for review, the applicant can apply for an interim remedy. Only in exceptional cases is a curative request granted. This jurisdiction was introduced by the Supreme Court to ensure that serious miscarriages of justice do not occur.

7. Judicial jurisdiction:

The Supreme Court has the power to issue judicial remedies under Article 32 for the enforcement of fundamental rights. The types of remedies that can be issued include:

Habeas Corpus: To release a person from unlawful detention. Mandamus: To compel a public authority to perform its duty. Prohibition: To prevent a lower court from acting outside its jurisdiction. Certiorari: To quash an order made by a lower court.

³ https://www.lawfinderlive.com/Articles-1/Article163.htm?AspxAutoDetectCookieSupport=1

Quo Warranto: To challenge the legality of a person’s appointment to a public office. This jurisdiction is a fundamental instrument for the protection of individual rights and for ensuring the protection of the Constitution.⁴

Exclusive Powers of the Supreme Court

Power to strike down laws: The Supreme Court has the power to strike down laws that are inconsistent with the Constitution. It can strike down a law as unconstitutional under its powers of judicial review.

Power to transfer cases: Under Article 139A, the Supreme Court has the power to transfer cases from one High Court to another in the interest of justice.

Power to make rules of procedure: Under Article 145, the Supreme Court has the power to make its own rules of procedure and practice.⁵

⁴ https://blog.ipleaders.in/article-32-constitution-india/

⁵  https://www.drishtiias.com/to-the-points/Paper2/judicial-activism-restraint-overreach

Conclusion

The Supreme Court of India plays a fundamental role in the Indian judicial system and in upholding the Constitution. Its broad jurisdiction enables it to hear a wide range of cases, from matters relating to inter-state disputes to the protection of fundamental human rights. Through its various jurisdictions, the Court ensures access to justice, respect for the rule of law and upholding the Constitution. As the court of last resort and the ultimate guarantor of the Constitution, the Supreme Court continues to play a fundamental role in the legal and democratic framework of India