THE
SUPREME COURT OF INDIA
The
Supreme Court has original, appellate and
advisory jurisdiction.
Original
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.
Article
32 of the Constitution gives an extensive
original jurisdiction to the Supreme Court
in regard to enforcement of Fundamental
Rights. The Hon'ble Supreme Court 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
Supreme Court has also been conferred with
power to direct transfer of any civil or
criminal case from one State High Court to
another State High Court or from a Court
subordinate to another State High Court. The
Supreme Court, if satisfied that cases
involving the same or substantially the same
questions of law are pending before it and
one or more High Courts or before two or
more High Courts and that such questions are
substantial questions of general importance,
may withdraw a case or cases pending before
the High Court or High Courts and dispose of
all such cases itself.
Under
the Arbitration and Conciliation Act, 1996,
International Commercial Arbitration can
also be initiated in the Supreme Court.
Election
Petitions under Part III of the Presidential
and Vice Presidential Elections Act, 1952
are also filed directly in the Supreme
Court.
Appellate
Jurisdiction
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.
Appeals
also lie to the Supreme Court in civil
matters if the High Court concerned
certifies:
(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.
In
criminal cases, an appeal lies to the
Supreme Court if the High Court
(a) has on appeal reversed an order of
acquittal of an accused person and sentenced
him to death or to imprisonment for life or
for a period of not less than 10 years, or
(b) has withdrawn for trial before itself
any case from any Court subordinate to its
authority and has in such trial convicted
the accused and sentenced him to death or to
imprisonment for life or for a period of not
less than 10 years, or
(c) certified that the case is a fit one for
appeal to the Supreme Court. Parliament is
authorised to confer on the Supreme Court
any further powers to entertain and hear
appeals from any judgement, final order or
sentence in a criminal proceeding of a High
Court.
The
Supreme Court has also a very wide appellate
jurisdiction over all Courts and Tribunals
in India in as much 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. Petition filed under
Article 136 are called Special Leave
Petitions. In short, Special Leave Petitions
can be filed against any order passed by any
court in any civil or criminal case.
Appeals
also lie to the Supreme Court under the
Representation of the People Act, 1951,
Monopolies and Restrictive Trade Practices
Act, 1969, Advocates Act, 1961, Contempt of
Courts Act, 1971, Customs Act, 1962, Central
Excises and Salt Act, 1944, Enlargement of
Criminal Appellate Jurisdiction Act, 1970,
Trial of Offences Relating to Transactions
in Securities Act, 1992, Terrorist and
Disruptive Activities (Prevention) Act, 1987
and Consumer Protection Act, 1986.
Advisory
Jurisdiction
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.
Power
of Contempt
Under
Articles 129 and 142 of the Constitution the
Supreme Court has been vested with power to
punish for contempt of Court including the
power to punish for contempt of itself.
Review
The
Supreme Court in certain cases review its
judgment or order but no application for
review is to be entertained in a civil
proceeding except on the grounds mentioned
in Order XLVII, Rule 1 of the Code of Civil
Procedure and in a criminal proceeding
except on the ground of an error apparent on
the face of the record.