Review the different jurisdictions of the Supreme Court and High Courts

Jurisdiction

The Supreme Court has original, appellate and advisory jurisdiction - Articles 32, 131-144

 

Original jurisdiction

The court has exclusive original jurisdiction over:

·         Dispute between the Government of India and one or more States  

·         Dispute between the Government of India and any State or States on one side and one or more States on the other

·         Between two or more States, if the dispute involves any question on which the existence or extent of a legal right depends

·         Extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights – Article 32

·         It 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.

Appellate jurisdiction

·         The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court in a case that involves substantial questions of law as to the interpretation of the Constitution - Articles 132(1), 133(1), 134

·         The Supreme Court can also grant special leave to appeal from a judgment or order of any non-military Indian court - Article 136(1)

·         Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies :

·         The case involves a substantial question of law of general importance, and in High Court’s opinion, it needs to be decided by the Supreme Court.

·         In criminal cases, an appeal lies to the Supreme Court if the High Court

·         has reversed an order of acquittal of an accused on appeal and sentenced him to death or life-imprisonment for more than 10 years

·         has withdrawn any case for trial from any subordinate Court and has convicted the accused and sentenced him to death or life-imprisonment for more than 10 years

·         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 judgment, final order or sentence in a criminal proceeding of a High Court.

Advisory jurisdiction

·         The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India - Article 143.

·         There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution and several Acts of Parliament