Supreme Court of India: Jurisdiction and Powers Explained for UPSC SSC

Original Jurisdiction

The Supreme Court's original jurisdiction is defined under Article 131 of the Constitution. It deals with disputes between the Government of India and one or more states. It also covers disputes between the Government of India and any state or states on one side and one or more other states on the other side. Furthermore, disputes between two or more states fall under this jurisdiction. This jurisdiction is exclusive, meaning no other court in India can hear such disputes. It is important to note that this jurisdiction does not extend to disputes arising out of treaties or agreements made before the commencement of the Constitution, unless the treaty provides otherwise. This ensures that the Supreme Court acts as a federal court, resolving conflicts within the federal structure of India.

Appellate Jurisdiction

The Supreme Court is the highest court of appeal in India. Its appellate jurisdiction is vast and covers constitutional, civil, and criminal matters. Under Article 132, an appeal lies to the Supreme Court from any judgment, decree, or final order of a High Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. In civil matters (Article 133), an appeal lies if the High Court certifies that a substantial question of law of general importance is involved and that the High Court is of the opinion that the question needs to be decided by the Supreme Court. For criminal matters (Article 134), appeals can be made if the High Court has reversed an order of acquittal and sentenced the accused to death, or has withdrawn for trial a case from any court subordinate to it and has convicted the accused and sentenced him to death, or certifies that the case is a fit one for appeal to the Supreme Court. The Supreme Court also has special leave to appeal under Article 136, allowing it to grant special leave to appeal 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, except military tribunals and courts martial. This power is discretionary and is often used to correct grave injustices.

Advisory Jurisdiction

Article 143 of the Constitution grants the Supreme Court advisory jurisdiction. Under this provision, the President of India can refer two types of matters to the Supreme Court for its opinion. The first type involves any question of law or fact of public importance that has arisen or is likely to arise. In such cases, the Supreme Court may, after such hearing as it thinks fit, report to the President its opinion thereon. The second type involves disputes arising out of any pre-Constitution treaty, agreement, covenant, engagement, sanad, or other similar instrument. In this case, the Supreme Court is bound to give its opinion to the President. It is crucial to understand that the opinion given by the Supreme Court under Article 143 is not binding on the President. However, it carries significant weight and is generally respected. This jurisdiction helps the executive branch in understanding complex legal issues before making policy decisions.

Other Powers

Beyond its primary jurisdictions, the Supreme Court possesses several other significant powers. It is a Court of Record (Article 129), meaning its proceedings and decisions are recorded and serve as precedents for lower courts. It also has the power to punish for contempt of itself. The Supreme Court has the power of judicial review, which allows it to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If they are found to violate the Constitution, they can be declared null and void. This power is not explicitly mentioned but has been established through various judgments. Under Article 137, the Supreme Court has the power to review its own judgments or orders. This power is exercised to correct any error apparent on the face of the record. Furthermore, Article 142 grants the Supreme Court the power to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. This extraordinary power allows the Court to go beyond existing laws to ensure justice is served, often used in complex cases where existing legal provisions might fall short.

Important Keywords Explained

Judicial Reviewconcept

Judicial review is the power of the Supreme Court and High Courts to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If a law or order is found to be in violation of the Constitution, it can be declared unconstitutional and invalid. This power acts as a check on the powers of the legislature and the executive, upholding the supremacy of the Constitution.

Court of Recordconcept

Under Article 129, the Supreme Court is a 'Court of Record'. This means its proceedings and decisions are preserved as perpetual memory and testimony. These records serve as legal precedents for all subordinate courts. Additionally, a Court of Record has the power to punish for contempt of itself, which includes both civil and criminal contempt. This power ensures respect for the judiciary and its orders.

Article 142act

Article 142 of the Indian Constitution grants the Supreme Court extraordinary power to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. This power allows the Court to go beyond existing statutory provisions to ensure justice, especially in cases where existing laws might not adequately address the situation. It is a discretionary power used to prevent injustice.

Additional Facts & Context

• The Supreme Court initially comprised a Chief Justice and 7 other judges.
• Currently, the Supreme Court has a sanctioned strength of 34 judges (1 Chief Justice + 33 other judges).
• The seat of the Supreme Court is in New Delhi.
• Judges of the Supreme Court hold office until they attain the age of 65 years.
• The first Chief Justice of India was H.J. Kania.