In this article we will discuss the Jurisdiction of Supreme Court in a simple and easy way.
In the Indian integrated judicial system, the Supreme Court is at the top, so it is natural that it will also have the highest jurisdiction.
To understand this article well, you must first understand the Supreme Court .
उच्चतम न्यायालय के क्षेत्राधिकार एवं शक्तियां
Jurisdiction and Powers of Supreme Court
According to a democracy, every necessary freedom has been given to the Supreme Court. In such a situation, an institution is independent, it is inherent in itself that it will have its own area where it will exercise its freedom or apply its powers.
Since our judicial system is based on an integrated system where the Supreme Court is situated at the top. It is the final court of appeal and it is also the interpreter and guarantor of the Constitution and the rights of the citizens of India. In such a situation, the jurisdiction of the Supreme Court would be wide. The description of how extensive it is is found in the constitution, which we are going to discuss next.
“भारत के उच्चतम न्यायालय को विश्व के किसी अन्य सर्वोच्च न्यायालय की तुलना में ज्यादा शक्तियाँ प्राप्त है।”— अल्लादी कृष्णस्वामी अय्यर
The jurisdiction and powers of the Supreme Court can be classified as follows –
1. Appellate jurisdiction 2.
Original jurisdiction 3.
Extraordinary original jurisdiction or Jurisdiction
4. Advisory jurisdiction
5. Court of records
6. Judicial Power of judicial review
7. Other powers
1. Appellate Jurisdiction
As mentioned above, the Supreme Court is the highest court of appeal. It happens that if someone does not find the decision of the subordinate court appropriate, then appeals to the High Court, if the decision of the High Court also does not seem appropriate, then appeals it to the Supreme Court. Now the question is what kind of appeal is made in the Supreme Court. So it can be seen by dividing it into the following four parts.
(1) Appeal in constitutional matters,
(2) Appeal in civil matters,
(3) Appeal in criminal matters, and
(4) Appeal by special leave. Let us understand it one by one.
(1) Appeal in constitutional matters – Under Article 132 , an appeal can be made to the Supreme Court in constitutional matters from any decision of the High Court, whether it is a criminal case or a civil matter. But the High Court has to state under Article 134 (A) that (1) this is a matter which can only be disposed of by the Supreme Court, and (2) it will require constitutional interpretation .
Constitutional interpretation simply means what is meant to be something. For example, if we take privacy itself, then everyone has their own thinking in this regard, some consider it necessary and some do not. But in August 2017, the Supreme Court, while interpreting privacy, said that from now on it is a fundamental right and if you are living then privacy is a part of your life which no one can take away from you.
(2) Appeal in civil cases – Under Article 133 , civil matters can be appealed from the High Court to the Supreme Court. (The disputes which are related to household matters are called civil matters, such as matters related to marriage, related to divorce, related to adoption, etc.)
Here also the same system is there that the High Court will have to certify that (1) it is not a matter of its own, now it should be handled by itself, that is, whose decision is necessary to be done by the Supreme Court and (2) that matter should not be interpreted in any way. Do you demand
(3) Appeal in criminal cases – Under Article 134 , the Supreme Court hears the High Court’s judgments in criminal cases if the High Court has (1) overturned the order of acquittal of the accused person. and has sentenced him to death, (2) has convicted the accused person by taking a case from a subordinate court, and has sentenced him to death, (3) if the High Court decides such case under Article 134 (A) certifies that the matter is liable to be taken up to the Supreme Court.
In 1970, Parliament expanded the criminal appellate jurisdiction of the Supreme Court. That is, since then any decision of the High Court can be appealed even if the accused has been acquitted.
(4) Appeal by special permission – In respect of any kind of cases of any court other than the cases of military courts, the Supreme Court has the right to appeal to the cases of any aggrieved or dissatisfied person. give an opportunity of being heard directly to you by special leave. Even if no court has given its judgment in that case.
It is a privilege granted to the Supreme Court under Article 136 which it can exercise if it feels that (1) the matter demands constitutional interpretation, or (2) great injustice has been done to that person. But the point to be remembered here is that it is a discretionary power and hence cannot be claimed as a right by any person or institution. It depends on the Supreme Court whether they exercise this right or not.
Thus, the scope of this provision is very wide and its full hearing lies in the Supreme Court. This power is used with caution by the Supreme Court only in special circumstances because it is difficult to exercise this power under any rule.
2. Original jurisdiction
The original jurisdiction of the Supreme Court has been described under Article 131 . In any federal system country, it is natural to have a dispute between the center and the state or the state and the state, the power to settle such a dispute is with the Supreme Court, that is called original jurisdiction .
The same thing has been written in the Constitution in such a way that any dispute which is – (1) between the Center and one or more states, or (2) the Center and any state or the states being on one side and one or more More States being on the other side, or (3) In a dispute between two or more States, if any question is involved on which the existence or extent of any legal right depends, the Supreme Court shall have original jurisdiction.
In such a case, the Supreme Court has to keep in mind two things. First , the dispute raises a question of some sort which calls for the interpretation of a law, a fact or the Constitution. Second , the cases of such disputes should not have been brought to the court by any citizen.
However, there is also a limitation of this jurisdiction of the Supreme Court, which is as follows-
(1) Any treaty or agreement in which it is written that its jurisdiction shall not be the Supreme Court, then the dispute under that treaty or agreement shall be the Supreme Court. You can read this article
for why the cases of inter-state water disputes are also outside its original jurisdiction . (3) Matters with reference to the Finance Commission or matters relating to settlement of certain expenses between the Center and the States and ordinary disputes of commercial nature between the Center and the States are also out of its jurisdiction (4) Any damages of the State against the Center The matter of compensation is also far from its jurisdiction.
The case was brought against the Center by West Bengal for the first time under original jurisdiction in 1961. The state government challenged the constitutional validity of the ‘Coal Mines Areas (Acquisition and Development) Act 1957’ passed by the Parliament. The Supreme Court, however, dismissed the suit considering the legality of the Act.
3. Extraordinary original jurisdiction
We understood the power of the Supreme Court to issue writs under Article 32 , that is what it is about. It is also called jurisdictional jurisdiction because the Supreme Court can issue writs like habeas corpus , mandamus , coercion , prohibition and impeachment to protect the fundamental rights of citizens .
There is a provision in this that the citizen can go directly to the Supreme Court without an appeal petition. This means that when the fundamental rights of a citizen are being violated by the state, then he can directly go to the Supreme Court. (Remember here that this power is also with the High Court)
There is another difference between the Supreme Court and the High Court in terms of jurisdiction. The Supreme Court can issue judgments only with respect to the implementation of Fundamental Rights and not for other purposes, whereas the High Court on the other hand can issue orders not only for fundamental rights but also for other purposes.
This means that the jurisdiction of the High Court is much wider on the issue of jurisdiction. But the Parliament can confer on the Supreme Court the power to adjudicate for other purposes.
4. Advisory jurisdiction of Supreme Court
Under Article 143 , the President has the right to seek the opinion of the Supreme Court. This opinion is of two types – (1) When a legal question arises on an issue of public importance. That is, if at any time it appears to the President that a question of law or of any fact has arisen, or is likely to arise, on any matter of public importance and it is necessary to obtain the opinion of the Supreme Court thereon, he shall may refer the matter to the Court for consideration. But remember here that the court is not bound to give its view, it can give it if it wants or not.
(2) In case of any dispute arising out of any previous constitutional treaty, agreement, etc. In this case, it is mandatory for the President to cast his vote by the Supreme Court.
In both the cases the opinion of the Supreme Court is only advice. Thus, the President is not bound to follow this advice. However, in respect of the decisions taken by the Government, it obtains legal advice authorized by it.
Some of the matters entrusted by the President to the Supreme Court under his advisory jurisdiction are as follows:
1. Ramjanmabhoomi case in 1993, 2. Punjab Termination of Agreements Act in 2004, 3. Decision in 2G spectrum case and making auction of natural resources binding in all areas, in 2012
5. Court of record
As a court of records under Article 129 , the Supreme Court has two powers – (1) The proceedings and decisions of the Supreme Court are kept in the form of record and evidence for a period of time. The special thing is that these records cannot be questioned during the case going on in other courts. Rather it is used for guidance or in legal contexts.
(2) It has the power to punish for contempt of court. It is punishable with imprisonment for a term which may extend to 6 years or with fine which may extend to 2000 rupees or with both. In 1991, the Supreme Court ruled that this power to impose punishment is not only vested in the Supreme Court, but similar powers are also vested in the High Courts, subordinate courts, tribunals.
Contempt of court can be either civil or criminal. Civil contempt means voluntarily disobeying any decision, order, or order, whereas criminal contempt means publication of any material and doing an act which undermines or defames the power of the court or obstructs the judicial process, or otherwise Withholding the administration of justice by any means.
However, impeccable publication and distribution of a case, fair, just criticism of a judicial proceeding report and comment on it from an administrative point of view does not amount to contempt of court.
6. Power of judicial review
The power of judicial review is vested in the Supreme Court. Under this, the constitutionality of legislative and executive orders is checked at both the central and state levels. If some malpractices are found in it, they can be declared unconstitutional and illegal (balit and void) and then they cannot be implemented by the government. This is a very important power of the Supreme Court, to understand it better, read this article – ( Judicial Review in India ️ )
Apart from all this, the Supreme Court has the power to review its own decision under Article 137 , thus it is not bound to stick to the earlier decision and in the interest of community interest and justice, it can take a decision beyond it. could. In short, the Supreme Court is a self-correcting body. For example, in the Kesavananda Bharati case of 1973, the Supreme Court reversed its earlier judgment in the Golaknath case of 1967.
7. Other jurisdictional powers of the Supreme Court
Apart from the above powers, the Supreme Court also has many other powers, such as (1) it settles any kind of dispute regarding the election of the President and the Vice-President. In this respect it is the original, special and final administrator.
(2) It inquires into the behavior and conduct of the Chairman and the members of the Union Public Service Commission, in respect of which such reference has been made by the President. If it finds him guilty of misbehavior, it can recommend to the President his removal. The President is bound to accept this advice given by the Supreme Court.
(3) Under Article 139 (A) , the Supreme Court can call for and dispose of cases pending in the High Courts. It can also transfer a pending case or appeal from one High Court to another.
(4) Under Article 141 , the laws of the Supreme Court shall be binding on all courts in India. Its decrees or orders are applicable throughout the country. All the authorities work in aid of the Supreme Court.
(5) It is the sole interpreter of the Constitution. It gives final shape to the various provisions of the Constitution and the elements contained therein.
(6) It has the power of judicial superintendence and has control over the activities of all courts and tribunals in the country.
(7) The jurisdiction and powers of the Supreme Court under Article 138 may be extended by Parliament on matters relating to the Central List and its jurisdiction and power may be extended to other matters by special agreement between the Center and the States.
(8) The powers to issue certain writs under Article 139 may be conferred on the Supreme Court. Such directions, orders or writs, including habeas corpus, mandamus, prohibition, questioning and abetment writs, by Parliament by law to the Supreme Court for any purposes other than those mentioned in clause (2) of article 32, or One may confer power to withdraw.
(9) Under article 140 , Parliament may by law provide for the Supreme Court to confer such supplementary powers, not inconsistent with any of the provisions of this Constitution, and which shall extend to that Court the jurisdiction conferred by or under this Constitution. appear necessary or desirable in order to be able to be used more effectively.
(10) Under Article 142 , the Supreme Court may, subject to the provisions of the Constitution, make such order as may be necessary for the delivery of justice to any person. To put it in other words, the Supreme Court can use Article 142 to bring the process of justice to its logical conclusion in a particular case.
(11) All civil and judicial authorities in the territory of India under Article 144 shall act in aid of the Supreme Court.
(12) Subject to the provisions of any law made by Parliament under article 145 , the Supreme Court may, from time to time, with the approval of the President, make rules for regulating the practice and procedure of the Court. such
as— (a) the rules as to persons practicing law in that Court;
(b) the rules as to the procedure for hearing appeals and as to other matters relating to appeals;
(c) the rules as to the proceedings in that court for the enforcement of any of the rights conferred by Part III; e.t.c.
(13) Subject to the provisions of any law made by Parliament under article 146 , the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by the Chief Justice of India or such other judge or officer of that Court as may be prescribed by the Chief Justice of India. Authorized by the Chief Justice to make rules for the purpose, to be prescribed by rules made: Provided that for rules made under this section, in so far as they relate to salaries, allowances, leave or pensions, the President’s Approval will be expected.
Secondly, the administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of that Court, shall be charged on the Consolidated Fund of India and the fees and other sums of money collected by that Court from that Court. will be part of the fund.
(14) Article 147 empowers the Supreme Court of India to interpret the Constitution of India and other laws. This is a very controversial article.
So here is the Jurisdiction of Supreme Court , hope you have understood. After this, the article is given below, must read it.
न्यायपालिका: एक परिचय
उच्चतम न्यायालय : भूमिका, गठन, कार्यकाल, न्यायाधीश इत्यादि
उच्चतम न्यायालय की स्वतंत्रता
भारत में न्यायिक समीक्षा
उच्चतम न्यायालय के अधिवक्ता
नौंवी अनुसूची की न्यायिक समीक्षा
न्यायिक सक्रियता: अर्थ, फायदे, आदि
PIL (जनहित याचिका)
उच्च न्यायालय: गठन, भूमिका, स्वतंत्रता
Download उच्चतम न्यायालय के क्षेत्राधिकार Pdf
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