Jurisdictions of Supreme Court: A detailed Note

|| यतो धर्मस्ततो जय: || is what we say the one and only vision of the Honorable Supreme Court of India. It is a Sanskrit text which means where there is righteousness, there is victory. The Supreme Court always strives to search for the right answers to the right questions. The Apex Court has its own history which is worth looking for. Supreme Court of India came into existence on 26th January, 1950. Two days after India became a Sovereign Democratic Republic, on 28^th January, 1950 the Supreme Court came into being. After its inauguration on January 28, 1950, the Supreme Court commenced its court proceedings in a part of the Parliament House. The Court moved into its current building in 1958 which had its own inauguration ceremony in the same year. The Supreme Court of India comprises the Chief Justice and 33 other Judges appointed by the President of India. Supreme Court Judges retire upon attaining the age of 65 years. Supreme Court Rules, 1966 and Supreme Court Rules 2013 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court. This was just the short glimpse of what exactly is the Supreme Court and its working mechanism. The real powers of the Supreme Court can only be enforced if it has its own jurisdiction. Before the various jurisdictions of the Supreme Court, we must first understand what does jurisdiction exactly mean

According to the English Dictionary, Jurisdiction means the official power to make legal decisions and judgements. It is a legal term which the legal entity, for e.g. the court has the legal authority to enforce justice. The constitution is the ultimate powerhouse to determine the jurisdictions of all the courts in India. We would be specifically be focusing on the various jurisdictions of the Supreme Court. The Appex Court of India is said to have the most wide-range jurisdiction ever to have, as compared to other foreign federal courts; so much so that the Supreme Court can hear appeals from all lower courts and tribunals; which in other courts is not applicable. The Supreme Court has original, appellate, and advisory jurisdiction which are exclusive in nature i.e., only the Honorable Court can have these types of jurisdictions and they are applicable to the whole of India.

1. ORIGINAL JURISDICTION

Original jurisdiction is the power of the court to hear and adjudicate upon the matter at the first instance. The original jurisdiction of the Supreme Court extends to any dispute 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 and if the dispute involves the question of transfer of absolute powers to either of the parties involved. In addition to that Article 32 of the Indian Constitution gives an extensive original jurisdiction to the Supreme Court which determines the enforcement of Fundamental Rights. Enforcement of the fundamental rights by the Supreme Court is when a citizen’s fundamental right has been infringed, he/she can file a case directly to the Supreme court under Article 32 of the constitution. 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 empowered to directly transfer all civil or criminal cases from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court, if is of the opinion that the cases involving the same or substantially the same questions of law are pending before it and one or more High Courts have answered those questions which are substantial but of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases all by itself.

• APPELLATE JURISDICTION

Article 132 and 133 provides for the appellate jurisdiction of the Supreme Court. Appeals to the Supreme Court lie 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.

 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. Parliament is authorized to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order, or sentence in a criminal proceeding of a High Court.

The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals 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.

Article 132 and 133 provide for the appellate jurisdiction of the Supreme Court. The Supreme Court can entertain an appeal against a High Court’s “judgment, decree or final order” provided that the High Court certifies that the matter involves a “substantial question of law “.

• ADVISORY JURISDICTIONS

Article 143 confers the advisory jurisdiction upon the Supreme Court. The advisory opinion of the Supreme Court can be requested by the President on any question of law or fact which is of public importance and where the President considers obtaining such opinion to be important. This further explains the fact that the Supreme Court is like a helping hand to the President over all matters under which the President is subjected to have checks and balances or accountability. The Constitution under Article 143 authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:

• a. On any question of law or fact of public importance which has arisen or which is likely to arise.
• On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, or any other similar instruments.

It is important to note that for the first condition the Court has the right to accept or reject the opinion which is supposed to be provided but it is otherwise bound to accept the matters relating to the second condition and further give advisory opinions. One more thing to add on is that when the advice or the opinion of the Court is sent to the President, he may or may not accept it. Never in the history of India, has the President ever rejected the advisory opinion given by the Supreme Court.

In conclusion, The Supreme Court is the top-tier legal institution which has delivered justice over more than 75 years and continuing. The honorable Supreme Court is that base which holds on to the pillar of judiciary with firmness.

NAME: DIVYA SALGAONKAR, 3^rd year B.L.S (Sem-v), College Name: VES College of Law.

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