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Indian Polity

Supreme Court of India: Jurisdiction, Powers, & Constitutional Role

December 2, 2023 5296 0

Indian Polity

Upholding Justice in Civil and Criminal Matters – An Introduction

The Supreme Court of India is the highest court of appeal in civil and criminal cases. It can hear appeals against the decisions of the High Courts. It is also one among the most powerful courts in the world, still the court has to function within the limitations that have been set by the Constitution of India. 

Exploring the Jurisdiction of the Supreme Court of India: Original and Appeal Powers 

  • The Supreme Court of India has extensive jurisdiction, including original jurisdiction in certain cases and appellate jurisdiction in both civil and criminal matters. 

Exploring the Jurisdiction of the Supreme Court of India

Jurisdiction and Powers of Supreme Court of India:

Original Jurisdiction
  • The original jurisdiction of the Supreme Court are the cases that can be directly considered by the Supreme Court without going to the lower courts.
  • This establishes the Supreme Court of India as an umpire in all disputes regarding federal matters.
  • This power to resolve legal disputes between the union and the states is called original jurisdiction, as the Supreme Court alone has the power to deal with such cases.
  • The Supreme Court of India not just settles disputes but also interprets the powers of union and state governments as laid in the Constitution of India.
Writ Jurisdiction
  • The aggrieved person whose fundamental rights have been violated can directly move to the Supreme Court and the court can give special orders in the form of writs.
  • The High Court can also issue writs, but the aggrieved person has the choice to approach the High Court or to directly approach the Supreme Court.
  • The Supreme Court of India can issue writs only for fundamental rights and not for any other purpose. 
  • This means that the writ jurisdiction of the High Court is wider than the Supreme Court.
Appellate Jurisdiction
  • An aggrieved person can appeal to the Supreme Court against the decision of the High Court. 
  • The Supreme Court will reconsider the case and legal issues involved in it.
  • However, the High Court must certify that the case involves a serious matter of interpretation of law or constitution.
  • If the lower court has sentenced a person to death, then an appeal can be made to the High Court or Supreme Court.
  • Although the Supreme Court has the power to decide whether to admit appeals, even when appeal is not allowed by the High Court
  • The High Court also has appellate jurisdiction over the decision given by the subordinate courts.
Advisory Jurisdiction
  • Advisory jurisdiction means that the President can refer any matter that is of public importance or that involves interpretation of the Constitution to the Supreme Court for advice.
    • However, the Supreme Court is not bound to give advice on such matters and the President is not bound to accept such advice.
  • Utility of Advisory jurisdiction lies in fact that it allows the government to seek legal opinion on a matter of importance before taking action on it and hence may prevent unnecessary litigations.

Conclusion:

In essence, the Supreme Court of India stands as the paramount guardian of justice, interpreting the constitution, and ensuring the rule of law in civil and criminal realms, echoing the principles of democracy.

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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