JURISDICTION AND POWERS OF THE SUPREME COURT
'Jurisdiction' is the power that a court of law exercises to carry out judgments and enforce laws. The Supreme Court is the protector and the final interpreter of the Constitution. It has both original and appellate jurisdiction as well as advisory jurisdiction.
Original Jurisdiction
Original Jurisdiction means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court.
1. Centre-State or Inter-States Disputes:
The Supreme Court has been given exclusive original jurisdiction in any dispute一
(i) between the Government of India and one or more States; or
(ii) between the Government of India and any State or States on one side and one or more States on the other; or
(iii) between two or more States.
Exception: This jurisdiction shall not extend to:
(i) a dispute arising out of a treaty, agreement, etc., which is in operation, (ii) in certain other matters such as inter-State water disputes, matters referred to the Finance Commission, and
(iii) adjustment of certain expenses and pensions between the Union and the States.
2. Protection of Fundamental Rights: The original jurisdiction also extends to cases of violation of the Fundamental Rights of individuals and the court can issue several Writs for the enforcement of these rights. Any individual can approach the Supreme Court in case of violation of a fundamental right.
3. Transfer of Cases from Lower Courts: Under Article 139 A, inserted by the 44th Amendment in 1978, the Supreme Court may transfer to itself cases from one or more High Courts, if these involve questions of law or cases are of great importance. The Supreme Court may transfer cases from one High Court to another in the interest of Justice.
4. Interpretation of Constitution: All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to the Constitutional validity of central laws.
Appellate Jurisdiction
Appellate Jurisdiction means the power to grant special leave to appeal against the judgement delivered by any court in the country. It is a Court of appeal which means that it is a court which may change the decision or reduce the sentence passed by the lower courts. The Supreme Court is the final Court of Appeal. An appeal lies to the Supreme Court from any judgement or final order of a High Court in India. The appellate jurisdiction extends to Constitutional, civil and criminal cases.
1. Constitutional Cases: All matters irrespective of the nature, where a certificate is issued by a High Court that involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can grant special leave of appeal.
2. Civil Cases: Appeals in civil matters lie to the Supreme Court if the High Court certifies:
(i) that the case involves a substantial question of law of general importance, and (ii) that the question needs to be decided by the Supreme Court.
However, if the High Court refuses to give a certificate, the Supreme Court can grant special leave to appeal in suitable cases.
3. Criminal Cases: Two types of appeals in criminal cases lie in the Supreme Court:
(i) Cases without the certificate of the High Court.
(ii) Cases with the certificate of the High Court. The certificate of the High Court is not required in a case:
(i) where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the accused with a death sentence;
(ii) a case which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.
In all other criminal cases, a High Court certification that the case involves a substantial point of law and interpretation of the Constitution is required for appeal to the Supreme Court.
Advisory Jurisdiction
The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President of India. The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:
(i) Any question of law may be referred to the Supreme Court if the President considers that the question is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the Supreme Court.
(ii) Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction by Article 131.
Revisory Jurisdiction
The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court.
Judicial Review
The Supreme Court is the interpreter of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures. The Supreme Court can declare advisory Jurisdiction
The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President of India. The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:
(i) Any question of law may be referred to the Supreme Court if the President considers that the question is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the Supreme Court.
(ii) Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction by Article 131.
Revisory Jurisdiction
The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court.
Judicial Review
The Supreme Court is the interpreter of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures. The Supreme Court can declare a law ultra vires' or null and void if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review. The minimum number of Judges to hear and decide a case involving the interpretation of the Constitution shall be five.
The Supreme Court has the power to review all National and State laws and executive orders and declare them null and void if they go against the provisions of the Constitution. For example, in 1970, the Supreme Court declared the following Acts of Parliament as null and void:
(i) Presidential order concerning recognization of the former princes.
(ii) Banking Companies Act, 1969, for the nationalisation of 14 banks.
(iii) In August 1999, the Supreme Court held that 'merit' should be the sole criterion for admissions to post-graduate and other higher courses in medicine and engineering.
NEED FOR JUDICIAL REVIEW
The Constitution has provided for a balance of powers between the Centre and the States. If the Union government or the State go beyond their limits, the Supreme Court can settle the dispute.
(i) In a written Constitution a law ambiguously worked. The question of maybe the interpretation of the Constitution is bound to arise and the Supreme Court only has the power of original jurisdiction.
(ii) The legislature may not possess the wisdom, experience and impartiality which are needed to explain what the law means. This function can be best performed by the Supreme Court.
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| Supreme Court Of India |
Court of Record
A Court of Record is a court whose judgements are recorded for evidence and testimony. The judgements are in the nature of 'precedents', i.e., the High Courts and other Courts are bound to give a similar decision in a similar case. They are not to be questioned when they are produced before any subordinate court.
The Supreme Court shall be a "Court of Record" and shall have all the powers of such a court including the power to punish for contempt of itself.
The Court of Record has two implications:
(i) Its judgements and orders are preserved as records. These can be produced in any court as precedents.
(ii) If a person commits contempt of court, the court has the authority to punish him. No authority can deprive the court of this right.
Truly, the Supreme Court acts as the guardian of the Constitution.
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