Monday, August 11, 2014

Jurisdiction of the Supreme Court

The Supreme Court has three types of jurisdictions:-

  1. Original Jurisdiction, 
  2. Appellate Jurisdiction, and 
  3. Advisory 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.
  • In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It 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 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. The Supreme Court has also a very wide appellate jurisdiction over 
  • All Courts and Tribunals in India inasmuch 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.

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.

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