THE
SUPREME COURT OF INDIA
The
Supreme Court has original, appellate and advisory
jurisdiction.
Original
Jurisdiction
Its exclusive original jurisdiction 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,
if and insofar as the dispute involves any question
(whether of law or of fact) on which the existence
or extent of a legal right depends.
Article
32 of the Constitution gives an extensive original
jurisdiction to the Supreme Court in regard to
enforcement of Fundamental Rights. The Hon'ble
Supreme Court 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 also 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.
Election
Petitions under Part III of the Presidential and
Vice Presidential Elections Act, 1952 are also filed
directly 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.
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.
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 authorised 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. Petition filed under Article
136 are called Special Leave Petitions. In short,
Special Leave Petitions can be filed against any
order passed by any court in any civil or criminal
case.
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.
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.
Power
of Contempt
Under
Articles 129 and 142 of the Constitution the Supreme
Court has been vested with power to punish for
contempt of Court including the power to punish for
contempt of itself.
Review
The
Supreme Court in certain cases 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.
