JURISDICTION OF SUPREME COURT OF INDIA

Supreme Court has original as well as appellate jurisdiction. Supreme Court has wide appellate jurisdiction but Supreme Court generally entertains such matters which involve substantial questions of law. Article 130 provides that the Supreme Court shall sit at Delhi or in such other place or places as the Chief Justice of India may with the approval of President from time to time appoint. Till now the seat of the Supreme Court has been at Delhi only. A person anywhere in India has no option except to come to Delhi to access the Supreme Court.

Original jurisdiction of the Supreme Court

The Supreme Court has exclusive jurisdiction under Article 131 to entertain following disputes.

• Between Government of India and one or more states
• Between Government of India and one or more states on one side and one or more states on other side
• Between two or more states

Such jurisdiction does not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instruments which having been entered into or executed before commencement of the Constitution or which provides that said jurisdiction shall not extend to such a dispute.

Appellate jurisdiction of the Supreme Court

An appeal lies to the Supreme Court under Article 132 from any judgment, decree or final order of High Court in civil, criminal and other proceedings if the High Court certifies under Article 134 A that substantial question of law is involved as to interpretation of this Constitution.  Where such a certificate is given a party in the case can appeal to the Supreme Court on the ground that any question has been wrongly decided.

Appellate jurisdiction of the Supreme Court in civil matters

An appeal lies  to the Supreme Court under Article 133 from any judgment, decree, or final order in a civil proceedings of  High Court in the territory of India if the High Court certifies under Article 134 A that the case involved substantial question of law of general importance and in the opinion of the High Court the said question needs to be decided by Supreme Court.

No appeal lies to the Supreme Court from judgment, decree or final order of single judge of a High Court.

Appellate jurisdiction of the Supreme Court in criminal matters

An Appeal to supreme Court under Article 134 lies from any judgment, final order or sentence in criminal proceedings of a High Court in following circumstances:

• If the High Court has on appeal has reversed an order of acquittal of an accused person and sentenced him to death
• 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.
• Issues certificate under 134 A that the case is a fit one for appeal to the Supreme Court

Parliament by law can confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence of a High Court.

Certificate of appeal to the Supreme Court

Article 134 A provides for procedure for issuing certificate for appeal under Article 132, 133 and 134  to the Supreme Court by High Courts. High Courts can issue certificate suo moto or on oral application of aggrieved party after the passing of judgment, decree, final order or sentence.

Special Leave to Appeal

Under Article 136 the Supreme Court has wide jurisdiction to entertain Special Leave Petitions.  Supreme Court is flooded with such kind of Petitions.

Under Article 136, the Supreme Court has discretion to 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.

Thus, under Article 136, the Supreme Court does not have only jurisdiction to entertain against determination of High Court but also against any Tribunal.

Such Petition cannot be filed against any judgment, determination sentence or order passed or made by any court or tribunal constituted by or under any law relating to armed forces.

Review of Judgment

The Supreme Court has power to review any judgment or order made by it under Article 137.

Transfer of Cases

The Supreme Court under Article 139 A can withdraw cases from various high courts if cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts and determine the same. The Supreme Court can withdraw on its own motion or on application made by Attorney General or a party to such case.

After determining the case the Supreme Court after determining the substantial question of general importance return back cases to respective High Courts which have to determine cases in conformity of judgment of the Supreme Court.

The Supreme Court can transfer a case from one High Court to another High Court for ends of justice.

Binding nature of law declared by Supreme Court

Article 141 provides that the law declared by the Supreme Court is binding on all courts within the territory of India.

Powers of the Supreme Court for doing complete justice

The Supreme Court in its exercise of its jurisdiction can pass such decree or orders as is necessary for doing complete justice. Such decree or order is enforceable all over India.

The Supreme Court has 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 contempt of itself.

Advisory jurisdiction of Supreme Court

Article 143 provides that the President can refer a question of law or fact involving public importance to the Supreme Court for consideration. The Supreme Court has to report to the President its opinion thereon.

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