Jurisdiction of Supreme Court in India | Constitutional Law
Determining the Jurisdiction of Supreme Court as given under the Constitution of India with reference to Case Laws
1. ORIGINAL JURISDICTION
Article 131 of the Constitution of India, defines Exclusive and Original Jurisdiction of the Supreme Court,
Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute
It has the authority to hear and determine a case in the first instance. It has exclusive jurisdiction when it has authority to hear and determine a case which no other court can hear or determine. Under this article disputes arising between the Government of India and one or more states , or between two or more states or between the union and the state ,etc. can be served by the Supreme Court but it’s original jurisdiction can not entertain suits brought by private individuals against the Government of India directly to the Supreme Court.
In the State of Bihar v. Union of India[1], the court held that a dispute between the State of Bihar and Hindustan Steel Ltd., a registered company under the Companies Act, 1956, did not fall within its original jurisdiction because a body like the Hindustan Steel Ltd. was not ‘a state’ for the purpose of this article.
2. APPELLATE JURISDICTION
The Appellate Jurisdiction of the Supreme Court says that if a question arises to interpret the constitution, it is placed in a special category irrespective of the nature of the proceedings, right to appeal of the widest amplitude is allowed in case of such questions.
In the State of J&K v. Thakur Ganga Singh[2] , There are three conditions for the grant of the certificate by the High Court under this article
(1) The order that is appealed should be a judgement,decree or final order given by the High Court in civil, criminal or any other proceedings.
(2) The case must involve a question of law for the interpretation of the constitution.
(3) The question involved must be a substantial question of law.
Article 132 deals with questions involving interpretation of the Constitution arising out of any proceedings of a High Court – civil or criminal or any other proceedings.
Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
( 1 ) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under Article 134A that the case involves a substantial question of law as t the interpretation of this Constitution
(2) Omitted
(3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided Explanation For the purposes of this article, the expression final order includes an order declaring an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case
In S. Kuppuswami Rao v. R.[3] , the accused had been charged for criminal misappropriation of funds and for signing false certificate of payment on cheques. Objection was raised as to the maintainability of the prosecution on the ground that the consent of the governor has not been obtained for instituting the proceedings. The Madras High Court overruled the objection, and an appeal was filed in the Federal Court. It was held that the order of the high court did not amount to final order.
Article 133 deals with the appeals to the Supreme Court from decisions of the High Court in civil proceedings.
Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under Article 134A
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court
(2) Notwithstanding anything in Article 132, any party appealing to the Supreme Court under clause ( 1 ) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court
In Biswabani (P) Ltd. v. Santosh Kumar Datta[4] , the certificate granted by the High Court did not specify the article in which it falls nor gave reasons as to why the case was fit for appeal to the Supreme Court. It was observed that it is obligatory upon the high court to set out the question of public or private importance , which needs to be determined. It was although held, that in fact the case raised a very substantial question of law of general public importance , and it was open to the court to have granted special leave on this question, as it would be a travesty of justice to dismiss such an appeal on the ground of defective certificate.
A Limited Criminal Appellate Jurisdiction is conferred upon the Supreme Court by Article 134. It is limited in the sense that the Supreme Court has been constituted a court of criminal appeal in exceptional cases where the demand of justice requires interference by the highest court of the land.
Appellate jurisdiction of Supreme Court in regard to criminal matters
(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
(c) certifies under Article 134A that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub clause (c) shall lie subject to such provisions as may be made in that behalf under clause ( 1 ) of Article 145 and to such conditions as the High Court may establish or require
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law
In Tarachand Damu Sutar v. State of Maharashtra[5] , The accused who was charged under section 302 IPC for murder was convicted by the trial court under section 304 IPC. The high court reversed the order and convicted the accused of murder under section 302 IPC and sentenced him to death. The supreme court rejected the argument on behalf of the state that the word acquittal meant complete acquittal held that the accused was entitled to a certificate under Article 134(1)(a).
3. PLENARY JURISDICTION
Under Article 136, one may appeal to the court only with its permission or leave. It vests In the Supreme Court Plenary Jurisdiction in the matter of entertaining and hearing appeals by granting special leave against any judgment, decree, determination or order in any cause of matter passed or made by any court or tribunal.
Special leave to appeal by the Supreme Court
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal 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
(2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces
The only conditions are:
(1) Determination of order sought to be appealed must have the character of a judicial adjudication.
(2) The authority whose act is complained against must be a court or tribunal.
Unless both the conditions are satisfied article 136 (1) cannot be invoked.
In Bharat Bank Ltd. v. Employees[6] , the issue in the case was whether the determination by an industrial tribunal set up under the Industrial Disputes Act, 1947 was open to appeal to the supreme court under Article 136 of the Constitution. Majority of judges, answered in the affirmative, that an industrial tribunal is a ‘tribunal’ for the purpose of Article 136.
4. REVIEW ITS OWN JUDGEMENTS
Article 137 empowers the Supreme Court to review its own judgements. The power is exercisable in accordance with and subject to the rules of the court made under Article 145 or any other law made by the parliament.
Review of judgments or orders by the Supreme Court – Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it
Review will lie on the following three ground,
(1) Discovery of new and important matters or evidence
(2) Mistake or error apparent on the face of the record
(3) Any other sufficient reason.
In Deo Narain Singh v. Daddan Singh[7], the supreme court set aside its decision because it decided the case under the U.P. Junior High School Act ,1978 , while it had to be decided under the U.P. Recognised Basic Schools and Junior High School Rules, 1978 framed under the Basic Education Act ,1972.
5. ADDITIONAL JURISDICTION
Under Article 138 the parliament is authorised to invest the supreme court with Additional Jurisdiction with respect to the enforcement of any of the matters enumerated in the union list.
Enlargement of the jurisdiction of the Supreme Court
(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer
(2) The Supreme Court shall have such further jurisdiction, and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court
The enlargement of powers contemplated here maybe in relation to the original or appellate jurisdiction of the supreme court.
6. POWER TO ISSUE WRITS
In Article 139 the Supreme Court has power to issue directions, orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the rights conferred by part III of the constitution.
Conferment on the Supreme Court of powers to issue certain writs – 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, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause ( 2 ) of Article 32
The article empowers the parliament to confer powers upon the supreme court to issue the above writs or orders for purposes other than the enforcement of fundamental rights. The importance of the writs lies in the fact that they can be sought by an aggrieved party without bringing a regular suit or proceedings.
In S.P. Gupta v. Union of India[8] (the famous judge case) to bring petitions filed before different High Courts to the Supreme Court and have an early and decisive statement of law.
7. ANCILLARY POWER
Article 140 enables the parliament to confer such supplementary powers on the Supreme Court as may appear necessary to enable it to perform effectively the functions placed upon it under the Constitution.
Ancillary powers of Supreme Court – Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution
8. LAWS DECLARED SHALL BE BINDING ON ALL COURTS
Article 141 of the Constitution,
Law declared by Supreme Court to be binding on all courts – The law declared by the Supreme Court shall be binding on all courts within the territory of India
This article enacts that the law declared by the Supreme Court shall be binding on all courts in the territory of India. The decision of the supreme court is binding on all the high courts and they can’t ignore it on the ground that relevant provisions were not brought to the notice of the court, or the supreme court laid down the legal position without considering all the points, then the decision is not binding.
In Golak Nath v. State of Punjab[9] , the court established the rule of prospective overruling to a limited extent. This would mean that an overruling decision shall not affect intermediate transactions made on the basis of the overruled decision or even the parties in the instant case, but shall apply only to the cases arising in future.
9. RESIDUARY POWER
Article 142 of the Constitution of India,
Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc
( 1 ) 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 cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself
It’s a Residuary Power, supplementary and complementary to the power specifically conferred on the court which it may exercise whenever it is just and equitable to do so and in particular to ensure the observance of the due process of law and to do complete justice between the parties while administering justice according to the law.
Is exercise is subject only to the conditions that,
(1) It can be exercised only when the court otherwise exercises its jurisdiction
(2) the order passed by the court must be necessary for doing complete justice in the cause for matters pending before it.
In Delhi Judicial Service Assn. v. State of Gujarat[10] , in pursuance of contempt proceedings again some police officials the chief judicial magistrate was maliciously prosecuted. The supreme court not only sentenced the police officers and their accomplices but also quashed criminal proceedings against CJM. The court held that inherent power under Article 142 coupled with plenary and residuary powers under Article 32 and 136 embraces power to quash criminal proceedings pending before any Court to do complete justice in the matter before the supreme court.
10. ADVISORY OR CONSULTATIVE JURISDICTION
Advisory or Consultative Jurisdiction to give its opinion on questions unconnected with a pending case. Article 143 states that,
Power of President to consult Supreme Court
( 1 ) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon
(2) The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon
It authorises the president to refer to the Supreme Court a question of law or fact which in his opinion is of such a nature and of such public importance that it is expedient to obtain it’s opinion upon it .
In M. Ismail Faruqui v. Union of India[11], the court declined to answer the reference by the president because it had become superfluous and unnecessary after the court’s opinion on the validity of the act was challenged in that case.
Refer the official site for Jurisdiction.
For more information Visit Our Site
To submit your work Contact US
[1] 1970 AIR 1446, 1970 SCR (2) 522 [2] AIR 1960 SC 356:(1960) 2 SCR 346 [3] AIR 1949 FC 1 : (1948) 49 Cri LJ 625 [4] (1980) 1 SCC 185 : AIR 1980 SC 226 [5] AIR 1962 SC 130 : (1962) 2 SCR 775 [6] AIR 1950 SC 188 [7] Review Petition No. 178 Of 1986 in Civil Appeal no. 461 of 1986 [8] AIR 1982 SC 149, 1981 Supp (1) SCC 87, 1982 2 SCR 365 [9] AIR 1967 SC 1643 : (1967) 2 SCR 762 [10] (1991) 4 SCC 406 : AIR 1991 SC 2176 [11] (1994) 6 SCC 360 : AIR 1995 SC 605
