Jurisdiction Of Supreme Court

Jurisdiction Of Supreme Court

The Constitution has conferred a very extensive jurisdiction and vast powers on the Supreme Court. It is not only a Federal Court like and American Supreme Court but also a final court of appeal like the British House of Lords (the Upper House of the British Parliament).

It is also the final interpreter and guardian of the Constitution and guarantor of the fundamental rights of the citizens. Further, it has advisory and supervisory powers. Therefore, Alladi Krishnaswamy Ayyar, a member of the Drafting Committee of the Constitution, rightly remarked: “The Supreme Court of India has more powers than any other Supreme Court in any part of the world.” The jurisdiction and powers of the Supreme Court can be classified into the following:

1. Original Jurisdiction

2. Writ Jurisdiction

3. Appellate Jurisdiction

4. Advisory Jurisdiction

1. Original Jurisdiction

As a federal court, the Supreme Court decides the disputes between different units of the Indian Federation. More elaborately, any dispute between:

(a) the Centre and one or more states; or

(b) the Centre and any state or states on one side and one or more states on the other; or

(c) between two or more states.

In the above federal disputes, the Supreme Court has exclusive original jurisdiction.

2. Writ Jurisdiction

The Constitution has constituted the Supreme Court as the guarantor and defender of the fundamental rights of the citizens. The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen. In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal. However, the writ jurisdiction of the Supreme Court is not exclusive. The high courts are also empowered to issue writs for the enforcement of the Fundamental Rights. It means, when the Fundamental Rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly.

3. Appellate Jurisdiction

The Supreme Court is primarily a court of appeal and hears appeals against the judgments of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads: 

(a) Appeals in constitutional matters.

(b) Appeals in civil matters.

(c) Appeals in criminal matters.

(d) Appeals by special leave.

4. Advisory Jurisdiction

The Constitution (Article 143) authorizes the president to seek the opinion of the Supreme Court in the two categories of matters:

(a) On any question of law or fact of public importance which has arisen or which is likely to arise.

(b) On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, or other similar instruments.

Q1.Which is the highest judicial authority in India whose decisions are binding on all courts?

Ans:Supreme Court

Q2.What does the writ of habeas corpus mean?

Ans: the arrested person must be brought before the court, that holds the right to set the person free if the grounds of arrest are found to be faulty.

Q3.The highest and final judicial tribunal of India is:

Ans:Supreme court

Q4.Disputes between States of India comes to the Supreme Court under:

Ans:Original Jurisdiction

Q5.How many types of writs can be issued by the Supreme Court?

Ans:Five

Q6.The Supreme Court is empowered to settle election disputes of President and Vice - President.This is its:

Ans:Original Jurisdiction

Q7.The Supreme Court of India acts as a Federal Court when it deals with:

Ans:Inter-State disputes

Q8.Supreme Court is the guardian of:

Ans:Fundamental Rights

Q9.The Indian Judiciary is headed by:

Ans:Supreme Court

Q10.The judges of the Supreme Court hold office till they reach the age of:

Ans:65 years

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