Jurisdictions and powers of Supreme Court by Yashasvi Sharma, Intern at ubAdvocate

YASHASVI SHARMA
Intern At ubAdvocate-   / ubadvocate  
yashasvi2508@gmail.com
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"Yashasvi Sharma
Jurisdictions and powers of Supreme Court

The scope of powers of Supreme Court to hear and decide cases is called its jurisdiction. The Supreme Court has three types of jurisdictions namely original, appellate and advisory.

Original jurisdiction: There are certain cases which fall within the exclusive jurisdiction of the Supreme Court. It means that all such cases begin or originate in the Supreme Court, only. It also means that such cases cannot be initiated in any other court. The cases or disputes that come under the original jurisdiction are given below:
Disputes between the Government of India on the one side and one or more States on the other side.
Disputes between the Government of India and one or more States on one side and one or more States on the other side.
Disputes between two or more States.
However, this jurisdiction does not extend in the following situations:

A dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement, sanad or other similar instrument.
A dispute arising out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extent to such a dispute.
Inter-state water disputes.
Matters referred to the Finance Commission.
Adjustment of certain expenses and pensions between the Centre and the states.
Ordinary dispute of Commercial nature between the Centre and the states.
Recovery of damages by a state against the Centre.


Writ Jurisdiction:

SC 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 aggrieved citizen can approach the SC directly and not as a way of appeal
However, this jurisdiction is not exclusive to the SC since the constitution empowers the HC to also issue write
Also, the writ jurisdiction of the SC is narrower than HC since HC can issue writs even for the enforcement of legal rights while SC can only issue them when an individuals’ fundamental right has been violated
Appellate jurisdiction: It appears appeals against the judgment of lower courts. It enjoys a wide appellate jurisdiction

Appeals in civil cases

Disputes relating to property, marriage, money, contract and service etc are called civil cases. If a civil case involves a substantial point of law of public importance needing interpretatation of the Constitution or law, an appeal against the High Court decision can be made to Supreme Court.
Earlier the financial limit of such civil cases was Rs. 20,000/ – but now according to the 30th Amendment of 1972, there is no minimum amount for taking a civil appeal to the Supreme Court. If substantial question of interpretation of law or Constitution is involved, appeal may be made against the decision of the High Court.
Appeals in criminal cases: An appeal may be brought to the Supreme Court against a High Court decision in a criminal case in a number of situations.

Firstly, if a High Court sets aside an appeal or an order of acquittal passed by a lower court and awards death sentence to the accused, he may bring an appeal to the Supreme Court by right.

Appeals in constitutional cases

A constitutional case is neither a civil dispute, nor concerning a crime. It is a case arising out of different interpretations of Constitution, mainly regarding the fundamental rights. In such Constitutional Cases an appeal can be taken to the Supreme Court only if a High Court certifies that the matter in dispute involves a substantial question of law.

It is a discretionary power and hence cannot be claimed as a matter of right
It can be granted in any judgment- final or interlocutory
It can be related to any matter
It can be granted against any court (except the military tribunal)


Advisory jurisdiction: The Constitution under Article 143 authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:



The court may refuse to give its advice on the first matter, while it is bound to give advice in the second matter
In case, the advice or the opinion of the Court is sent to the President, he may or may not accept it. The advice of the Court is not binding on the President. So far, whenever the Court has given its advice, the President has always accepted it.


Jurisdiction/Power/Conditions to file a petition in Supreme Court.
Articles used in the video are listed below of Constitution of India -
Article 32
Article 131
Article 71
Article 142
Article 132
Article 133
Article 134
Article 134A
Article 143
Article 137
Article 136

Hope you find this video informative.
"

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