Jurisdiction And Powers Of Supreme Court

Introduction

The jurisdiction and powers of the Supreme Court of India enshrined in the Constitution, outline the types of cases the Supreme Court can hear, the decisions it can render, and the extent of its authority over lower courts and government entities. 

Understanding the jurisdiction and powers of the Supreme Court is fundamental to comprehending its role as the highest judicial body in India and its impact on the administration of justice and protection of constitutional rights.

Original Jurisdiction: Article 131

• Original ( Power to hear such disputes in the first instance, not by way of appeal) and exclusive (only the supreme court has the power to hear such cases) jurisdiction in dispute between:
  • State and center [UPSC 2014]
  • State and other states
  • Center and state on one side and other state on other side
  • Questions of political nature are avoided.
  • Dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends.
  • Any suit brought before the Supreme Court by a private citizen against the Centre or a state cannot be entertained under this.
• Original Jurisdiction does not extend to:
  • Pre-Constitutional treaty
  • A dispute arising out of any treaty, agreement, etc.
  • Inter-State Water Disputes
  • Adjustment of certain expenses and pensions b/w Centre and states.
  • Matter referred to the Finance Commission
  • Ordinary dispute of Commercial nature b/w Centre and States.
  • Recovery of damages by a state against the Centre.
  • In 1961, the first suit, under the original jurisdiction of the Supreme Court, was brought by West Bengal against the Centre.

Writ Jurisdiction: Article 32

• The Constitution has established the Supreme Court as the guarantor and defender of the fundamental rights of citizens.
• Writs: The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
• Original Jurisdiction: Aggrieved can go directly to the Supreme Court.
• Not Exclusive: The Supreme Court has original but not exclusive jurisdiction, as high courts can also issue writs.
• Narrower than HC: Only for enforcement of fundamental rights and not for other purposes unlike the High Court.
• Parliament can confer power on SC to issue writs for other purposes also.

Appellate Jurisdiction (Article 132) of Supreme Court

• The Supreme Court of India has not only supplanted the Federal Court of India but also assumed the role of the highest court of appeal, replacing the British Privy Council.
• Constitutional Matters: Against the judgment of HC if the case involves a substantial question of law that requires the interpretation of the constitution.
• Civil Matters (Art. 133): Appeal lies to the supreme court if the case involves a substantial question of law + that the question needs to be decided by the SC.
• Criminal Matters (Art. 134): SC hears appeals against judgment in a criminal proceeding of HC if:
  • HC on an appeal reversed an order of acquittal of an accused person and sentenced him to death; 
  • Takes before itself any case from any subordinate court and convicted the accused person and sentenced him to death;
  • Certifies that the case fits for appeal to the supreme court.
• Note: If the court has reversed the order of conviction to acquittal, then no right to appeal.

Supreme Court Appeal by Special Leave: Article 136

• Special leave to appeal from any judgment in any matter passed by any court or tribunal in the country.
• Exception: Court martial or military tribunal
• Four Aspect:
  • Discretion and not a right.
  • Granted in final or interlocutory judgment.
  • Related to any matter: constitutional, civil, criminal, income tax, labor revenue, advocates etc.
  • Granted against any court or tribunal and not necessarily be high court.
• It is an exceptional and overriding power, exercised sparingly and only in exceptional times.

Advisory Jurisdiction of Supreme Court: Article 143

• The President can seek the opinion of the SC in two categories of matter:
  • On any question of law or fact of public importance which has arisen or which is likely to arise. 
    • SC may or may not give advice.
  • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, Sanad or other similar instrument.  
    • SC must give advice.
• Non-Binding Advice: The advice tendered by SCs is not binding, the President may or may not follow the opinion.
• The opinion expressed is only advisory and not a judicial pronouncement.
• By 2019: The President has made fifteen references to the Supreme Court under its advisory jurisdiction (also known as consultative jurisdiction).

Supreme Court as a Court of Record: Article 129

The Supreme Court possesses two powers as a court of record,

Court of Record:

• Judgment, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony.
• Evidentiary value and cannot be questioned by any court.
• Legal precedents and references.

Contempt of Court

• Contempt of Court Act, 1971: It outlines the procedure in relation to investigation and punishment for contempt. It was based on the recommendations made by H.N. Sanyal committee.
• Civil Contempt: Willful disobedience to any judgment, order, writ or other process of court or willful breach of an undertaking given to a court.
• Criminal Contempt: 
  • Publication of any matter or doing an act which scandalizes or lowers the authority of court. 
  • Prejudices or interferes with the due course of judicial proceedings. 
  • Interferes or obstructs the administration of justice in any other manner.
• Actions that do not Amount to Contempt of Court: Innocent publication and distribution of some matter + fair and accurate report of judicial proceedings + fair and reasonable criticism of judicial acts + comment on administrative side.
• Note: Simple imprisonment up to 6 months or fine up to Rs.2000/- or both. 
• Limitations on Contempt Proceedings: 
  • The Act also provides that no court shall initiate any proceedings of contempt after the expiry of one year from the date on which the contempt is alleged to have been committed.
  • Further, this Act is not applicable to contempt of Nyaya Panchayats or other village courts which have been established for the administration of justice.

Judicial Review

• The Phrase judicial review has nowhere been used in the Constitution.
• Constitutional validity of legislative or executive enactments can be challenged.
• To examine the constitutionality of legislation and executive orders of both state and central governments if they:
  • Infringe the fundamental rights.
  • Outside the competence of the authority which has framed it.
  • Repugnant to the constitutional provisions.
  • If found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court.
• Articles: 13; 32; 131-136, 143, 226, 246, 256 etc. provide for judicial review. 

Interpretation of Constitution (Article 147)

• SC is the ultimate interpreter of the Constitution.
• Guiding Doctrines: While interpreting the Constitution, the Supreme Court is guided by a number of doctrines: Severability, Waiver, Eclipse, Territorial Nexus, Pith and Substance, Colorable Legislation, Implied Powers, Incidental and Ancillary Powers, Precedent, Occupied Field, Prospective Overruling, Harmonious Construction, Liberal Interpretation.

Other Powers of SC

• Presidential and Vice-Presidential Election Disputes: It decides the disputes regarding the election of the president and the vice-president. In this regard, it has the original, exclusive and final authority.
• Conduct Inquiries of UPSC Chairman and Members: Enquires into the conduct and behavior of the chairman and members of the UPSC on a reference made by the president. Advice by SC is binding on the president.
• Self-Correcting Agency: Power to review its own judgment or order – self-correcting agency.
• Power to Withdraw and Transfer Cases: Authorized to withdraw the cases pending before the HC and dispose of them by itself. It can also transfer a case or appeal pending before one HC to another HC.
• Law and judgment of SC is binding on all courts in India.
• Extension Jurisdiction by Parliament: The Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament

Other Important Articles 

• Article 141: Law declared by Supreme Court to be binding on all courts
• Article 142:  Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc

Conclusion

The jurisdiction and powers vested in the Supreme Court of India under the Constitution establish its authority as the highest judicial body in the country. With the ability to interpret and enforce fundamental rights, adjudicate disputes between states and the Centre, and issue writs for the protection of citizens’ rights, the Supreme Court plays a pivotal role in upholding the rule of law and safeguarding the principles of justice and equality in India.

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