Question

Explain any three Jurisdictions of the Supreme Court of India?

Discuss the jurisdiction of the Supreme Court of India.

Answer 1

The Supreme Court is the guardian of the constitution. He performs the following functions.

1. Original Jurisdiction: The cases which are brought directly in the first instance to the Supreme Court come under original jurisdiction. These may be
   • Dispute between the government of India and one or more States,
   • A dispute between two or more States and the cases involving fundamental rights come under the jurisdiction of the Supreme Court.
2. Appellate Jurisdiction: The Supreme Court is the final appellate Court in the country. It hears appeals against the decisions of the High Court in “civil, criminal and constitutional” cases with a certificate from the High Court that it is fit to appeal in the Supreme Court.
3. Advisory Jurisdiction: The Constitution confers on the President the power to refer to the Supreme Court any question of law or fact which, in his opinion, is of public importance.
4. Special Leave to Appeal (Article 136): The Court can allow appeals against judgments of any court or tribunal in India.
   This power is discretionary and excludes military tribunals.
5. Fundamental Rights Jurisdiction (Article 32): The Court protects citizens rights by issuing writs like habeas corpus and mandamus.
   It acts as the guardian of Fundamental Rights under the Constitution.
6. Electoral Disputes: The Supreme Court hears disputes related to the election of the President and Vice-President.
   These cases are heard directly by the Court.
7. Judicial Review: The Court checks the constitutional validity of laws and executive actions.
   This ensures that no law violates the Constitution.
8. Court of Record (Article 141): Its judgments are binding on all courts in India and serve as legal precedents.
   Supreme Court records are treated as final evidence.
9. Review of Judgments: The Court can review and revise its own past judgments.
   This happens if an error is found or public interest demands it.
10. Miscellaneous Powers: It frames court rules, lays service conditions, and may act in special roles like arbitration.
    Judges can also be appointed to commissions or act as the President in special cases.