Powers of the Supreme Court: Jurisdiction, Constitutional Doctrines and Advocates – (Part 02)

The Supreme Court of India plays a crucial role in upholding justice and interpreting the Constitution. Its jurisdiction and powers are expansive, encompassing various functions such as issuing writs, hearing appeals, and providing advisory opinions. This article explores the significant aspects of the Supreme Court’s powers, including the enlargement of its jurisdiction, binding decisions, and the essential role of advocates in the judicial process.

Jurisdiction and Powers of the Supreme Court 

Enlargement of Powers of the Supreme Court

• Enlargement of the Jurisdiction of the Supreme Court (Article 138)

• • Jurisdiction with Respect to Union List: The Supreme Court shall have further jurisdiction and powers with respect to any matters in the Union List as Parliament may by law confer.
  • Jurisdiction by Special Agreement: It shall have further jurisdiction and powers  if Parliament by  law provides it with respect to any matters as the Government of India  and any other state government by special agreement. 

• Conferment on the Supreme Court of Powers to Issue Certain Writs (Article 139)

• • • This provision states that the Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition or quo-warranto as well as certiorari or amongst any of the above writs mentioned in Article 32 for any purposes .

•  Transfer of Certain Cases(Article 139A)

• • Substantial Questions of Law: It states that when there are cases which involves the substantial questions of law and which are pending before the Supreme Court and one or more High Courts or before two or more High Courts 
    •  If the Supreme Court is satisfied—either on its own motion or upon an application made by the Attorney-General of India or a party to any such case—that these questions are of general importance, it may proceed accordingly
  • Withdrawal of Cases: The Supreme Court may also withdraw the cases which are pending before the High Court or the High Courts and dispose of all the cases itself.
  • Transfer of Cases for Expediency: The Supreme Court also deems that if it is expedient for doing justice then  transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

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Binding Nature of the Supreme Court’s decision (Article 141)

• It states that law declared by the  Supreme Court  is to be binding on all courts within the territory of India. 

Enforcement of decrees and orders of Supreme Court (Article 142)

• Jurisdiction to Pass Decrees and Orders: The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India
• Power to Secure Attendance and Discovery: Additionally, the Supreme Court has the authority to secure the attendance of any person and facilitate the discovery of any judgments.
• Limitations of Powers: However, above powers are subject to any laws made by the Parliament.

Constitutional Interpretation

• Ultimate Interpreter of the Constitution: The Supreme Court is the ultimate interpreter of the Constitution which articulates and shapes the final version to the spirit and content of the provisions of the Constitution. 
• Doctrines Applied in Constitutional Interpretation: While interpreting the Constitution the Supreme Court applies various doctrines in interpreting the Constitution. Some of the important doctrines mentioned below are:

Other Powers

• Original, Exclusive, and Final Authority: It has the original, exclusive, and final authority- where it decides the disputes regarding the election of the President and the Vice President.
• Inquiry into Conduct of UPSC Officials:
  • Enquiry by the Supreme Court: It enquires about the behavioural conduct of the chairman and members of the Union Public Service Commission on a reference made by the President.
  • Binding Advice: If the Supreme Court finds them guilty of misbehavior, the advice tendered by the Supreme Court in this regard is binding on the President.
• Self-Correcting Agency: It is not bound by its previous decision and can depart from it in the interest of justice or community welfare and act as a self-correcting agency.
  • Example:  in the Kesavananda  Bharati case (1973), the Supreme Court departed from its previous judgment in the Golak Nath case(1967).
• Rules for Regulating Practice and Procedure of the Supreme Court: As per Article  145, the Supreme Court from time to time with the approval of the President make rules for regulating the practice and procedure of the Court which include:
  • Rules to the persons practising before the Court
  • Rules to the procedure for hearing appeals
  • Rules for the proceedings in the Court for the enforcement of any of the rights.
  • Rules to the proceedings in the Court under Article 139A
  • Rules to the entertainment of appeals.
  • Rules  to the costs  and incidental to any proceedings in the Court.
  • Rules to the granting of bail.
  • Rules  to stay of proceedings.
• Fixing the Number of Judges: It fixes the number of judges who will sit to decide any substantial question of law or interpretation of the Constitution or for any purpose for the power of single judges and district judges.

Supreme Court Advocates

• The Supreme Court has three categories of Advocates to practise law and they are as follows: 

• • Senior Advocates 
  • Advocates-on-Record  
  • Other Advocates

1. Senior Advocates

• Designation as Senior Advocates: They are designated as Senior Advocates by the Supreme Court of India or by any High Court.
• Criteria for Designation: The Court designates any advocate as Senior Advocate if in its opinion by virtue of his ability, standing at the Bar or special knowledge or experience in law.
• Restriction on Appearance: He is not entitled to appear without an Advocate-on-Record in the Supreme Court or any other court or tribunal in India.
• Restriction on Accepting Instructions: He is also not entitled to accept instructions to draw pleadings or affidavits, advice on evidence or do any drafting work.
• Exception to the Restriction: This prohibition does not extend to settling any such matter in consultation with a junior.

2. Advocates-on-Record

• Entitlement to File Matters: Only these advocates are entitled to file any matter before the Supreme Court.
• Filing Appearance or Acting for a Party: They can also file an appearance or act for a party in the Supreme Court.

3. Other Advocates

• Enrollment in State Bar Council: These are advocates whose names are entered on the roll of any State Bar Council under the Advocates Act, 1961.
• Appearance and Argument: They can appear and argue any matter on behalf of a party in the Supreme Court.
• Restriction on Filing Documents: But they are not entitled to file any document or matter before the Court. 

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Conclusion

In conclusion, the Supreme Court’s extensive jurisdiction and powers ensure the protection of fundamental rights and the rule of law in India. 

• By interpreting the Constitution and setting legal precedents, it shapes the country’s legal landscape. 
• Understanding the powers and functions of the Supreme Court, along with the roles of advocates, is essential for appreciating the complexities of India’s judicial system.

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