Jurisdiction and Powers of the Supreme Court

Nature and Role

The Supreme Court of India performs multiple roles simultaneously:

1. It is a Federal Court (like the U.S. Supreme Court),
2. The highest court of appeal (like the British House of Lords used to be),
3. The interpreter and guardian of the Constitution,
4. The protector of Fundamental Rights, and
5. An advisory and supervisory body for the judiciary.

This is why the Constituent Assembly member Alladi Krishnaswamy Ayyar said:

“The Supreme Court of India has more powers than any other Supreme Court in the world.”

🔹 Classification of Jurisdiction

The Court’s powers can be grouped as follows:

1. Original Jurisdiction
2. Writ Jurisdiction
3. Appellate Jurisdiction
4. Advisory Jurisdiction
5. Court of Record
6. Power of Judicial Review
7. Constitutional Interpretation
8. Other Powers

1. Original Jurisdiction

Let’s begin with the first — Original Jurisdiction.

🧭 Meaning

“Original” means — the case starts here; it is not an appeal from a lower court.
So, when certain disputes arise, the Supreme Court hears them directly.

These are mainly federal disputes — between different units of the Indian Union.

🧾 Article 131 — Federal Disputes

The Supreme Court has exclusive original jurisdiction in disputes:

1. Between the Centre and one or more States, or
2. Between the Centre and one or more States on one side, and other States on the other side, or
3. Between two or more States.

👉 “Exclusive” means — no other court can hear these disputes.
👉 “Original” means — such cases start directly in the Supreme Court.

⚠️ Important Conditions

For a case to fall under this jurisdiction:

• The dispute must involve a legal right — whether of law or fact.
  (Political disagreements are excluded.)
• A private individual cannot bring a case under this jurisdiction against the Centre or a State.

🚫 Exceptions — Cases Not Covered

This jurisdiction does not extend to:

1. Disputes arising out of pre-Constitution treaties, agreements, covenants, or sanads that continue after 1950.
2. Inter- State River water disputes — these are handled under the Inter-State Water Disputes Act (Article 262).
3. Matters referred to the Finance Commission.
4. Adjustment of certain administrative expenses and pensions between the Centre and States.

⚖️ Example — First Case (1961)

The first case under this jurisdiction was filed in 1961:
➡️ State of West Bengal vs Union of India

• West Bengal challenged the Coal Bearing Areas (Acquisition and Development) Act, 1957, arguing that it violated state rights.
• The Supreme Court upheld the validity of the Act — ruling in favour of the Union.

👉 This case reaffirmed that India’s federal system is tilted towards the Centre — a unitary bias even within a federal structure.

2. Writ Jurisdiction (Article 32)

🧭 The Supreme Court — Protector of Fundamental Rights

Dr. B.R. Ambedkar famously said:

“Article 32 is the very heart and soul of the Constitution.”

Why? Because it empowers the Supreme Court to enforce Fundamental Rights.

If any citizen’s Fundamental Right is violated —
he/she can directly approach the Supreme Court for remedy.

This power makes the Court the “guarantor and defender of Fundamental Rights.”

📜 Writs under Article 32

The Supreme Court can issue five types of writs for enforcing Fundamental Rights:

Writ	Purpose
Habeas Corpus	“To have the body” — release a person unlawfully detained.
Mandamus	“We command” — direct a public authority to perform its duty.
Prohibition	Stop a lower court from exceeding its jurisdiction.
Certiorari	Quash an illegal order of a lower court or tribunal.
Quo Warranto	“By what authority” — challenge the legality of a person’s public office.

⚖️ Original — but not Exclusive

Here’s a subtle point student often miss:

• In federal disputes, the Supreme Court’s jurisdiction is exclusive (no other court can interfere).
• But in Fundamental Rights cases, its writ jurisdiction is concurrent with the High Courts.

👉 This means:
An aggrieved person can approach either the High Court (Article 226) or the Supreme Court (Article 32) directly.

⚖️ Key Difference between Supreme Court and High Court Writs

Aspect	Supreme Court (Art. 32)	High Court (Art. 226)
Purpose	Enforce Fundamental Rights only	Enforce Fundamental Rights and other legal rights
Scope	Narrower	Wider
Concurrent Power	Yes	Yes
Conferred by	Constitution itself	Constitution itself

👉 Hence, the High Court’s writ jurisdiction is wider,
but the Supreme Court’s writ jurisdiction is directly guaranteed as a Fundamental Right.

💬 Conceptual Takeaway

“When a citizen’s rights are violated, the Supreme Court is not just a court — it becomes the Constitution in action.”

3. Appellate Jurisdiction

After protecting rights, the next major function of the Supreme Court is to hear appeals.
It acts as the highest court of appeal in India — the final interpreter of law.

It replaced:

• the Federal Court of India, and
• the Judicial Committee of the Privy Council (which was the final appellate body during British rule).

🏛️ Four Types of Appeals

The Supreme Court’s appellate jurisdiction covers four major categories:

1. Constitutional Matters
2. Civil Matters
3. Criminal Matters
4. Special Leave Appeals (SLP)

Let’s understand them one by one.

(a) Appeals in Constitutional Matters

If a High Court gives a judgment involving a substantial question of constitutional interpretation,
and the High Court certifies that it requires decision by the Supreme Court,
then an appeal can be filed in the Supreme Court.

👉 For example — disputes on the meaning of Fundamental Rights, or interpretation of Centre–State powers.

(b) Appeals in Civil Matters

A civil appeal lies to the Supreme Court if the High Court certifies that:

1. The case involves a substantial question of law of general importance, and
2. It needs to be decided by the Supreme Court.

Earlier, there was a ₹20,000 limit (only cases involving more than ₹20,000 could reach the SC),
but this was removed by the 30th Constitutional Amendment Act, 1972.

(c) Appeals in Criminal Matters

The Supreme Court can hear a criminal appeal if the High Court:

1. On appeal, reverses an acquittal and sentences the accused to death, or
2. Takes a case from a subordinate court, convicts the accused, and sentences him to death, or
3. Certifies that the case is fit for appeal to the Supreme Court.

• In the first two cases, appeal lies as a matter of right (no certificate needed).
• In the third, appeal lies only with the High Court’s certificate.

Later, in 1970, Parliament widened this power —
Now, even if the sentence is life imprisonment or 10 years or more, an appeal can be made to the Supreme Court.

(d) Appeal by Special Leave (Article 136)

This is one of the most powerful and flexible provisions.

The Supreme Court may grant Special Leave to Appeal (SLP) from any judgment, decree, determination, or order of any court or tribunal (except a military court).

Important Features

1. It is a discretionary power — not a right of appeal.
   The Court may accept or reject an SLP.
2. It can be against any judgment — final or interim.
3. It can relate to any matter — civil, criminal, tax, labour, or constitutional.
4. It can be against any court or tribunal, not just High Courts (except military tribunals).

Why SLP is Important

This gives the Supreme Court a plenary (complete) appellate authority.
It acts as a safety valve — when no other legal remedy remains, SLP can be the last resort.

But the Court itself has said:

“Being an exceptional power, it must be exercised sparingly and with caution, only in extraordinary situations.”

👉 Therefore, SLP is like a constitutional mercy window — rarely opened, but immensely powerful.

💬 Conceptual Takeaway

“The appellate jurisdiction ensures that the Supreme Court stands as the final guardian of justice — when every door closes, this one remains open.”

4. Advisory Jurisdiction (Article 143)

This is one of the unique features of the Indian Supreme Court —
even the American Supreme Court doesn’t have such a provision.

🏛️ What It Means

Under Article 143, the President of India can refer questions to the Supreme Court for its advisory opinion.

This makes the Court an adviser and constitutional guide to the executive.

📘 Two Categories of References

1. General Questions (Public Importance)
   • The President may ask about any question of law or fact that has arisen or is likely to arise, of public importance.
   • The Supreme Court may or may not give its opinion.
2. Pre-Constitution Treaties or Agreements
   • If any dispute arises from a pre-Constitution treaty, covenant, engagement, sanad, or similar instrument,
     the President must seek the Court’s opinion, and
     the Supreme Court must give it.

⚖️ Nature of Opinion

The opinion given under Article 143 is:

• Advisory, not binding on the President.
• The President may accept or ignore it.

However, it provides the government with a constitutional and legal guidance on complex national issues.

🧾 Instances of Presidential References (15 so far)

Year	Subject of Reference
1951	Delhi Laws Act
1958	Kerala Education Bill
1960	Berubari Union (India–Pakistan territory transfer)
1963	Sea Customs Act
1964	Keshav Singh Case (Legislative privileges)
1974	Presidential Election
1978	Special Courts Bill
1982	J&K Resettlement Act
1992	Cauvery Water Disputes Tribunal
1993	Ram Janmabhoomi Case
1998	Collegium Consultation Process
2001	Legislative competence on Natural Gas
2002	Gujarat Assembly Elections (EC’s power)
2004	Punjab Termination of Agreements Act
2012	2G Spectrum Case (natural resource auctioning)

🧩 Significance

The advisory jurisdiction allows the executive to obtain a constitutional opinion before acting — preventing future conflicts.

For example:

• The Berubari case (1960) clarified that territory transfer requires a constitutional amendment.
• The 1998 reference clarified the collegium process for judge appointments.

💬 Conceptual Takeaway

“In its advisory role, the Supreme Court becomes the philosopher and constitutional guide of the Republic — helping the State act within the boundaries of law before crossing them.”

5. A Court of Record

The term “Court of Record” has a special constitutional significance.
It means the Supreme Court’s judgments, proceedings, and acts are not ordinary records — they are authoritative legal evidence and binding precedents.

📘 Two Key Powers of a Court of Record

(a) Judgments as Legal Precedents

• All judgments and proceedings of the Supreme Court are recorded permanently.
• These records are admissible in all courts as conclusive proof of what happened.
• They cannot be questioned or challenged in any other court.
• Future courts refer to them as precedents — forming the foundation of case law in India.

👉 In short: Whatever the Supreme Court decides becomes law for the entire judiciary.

(b) Power to Punish for Contempt

The Supreme Court can punish for contempt of court — not only of itself but also of High Courts, subordinate courts, and tribunals across the country.

This power ensures that the authority and dignity of the judiciary are preserved.

⚖️ Contempt of Courts Act, 1971

Let’s understand how this law defines “contempt.”

It was enacted based on the recommendations of the H.N. Sanyal Committee (1963).

🔹 Two Types of Contempt

Type	Meaning	Example
Civil Contempt	Wilful disobedience of a court’s order, judgment, or direction.	Ignoring a stay order or violating a court injunction.
Criminal Contempt	Any act or publication that: (i) Scandalises the court; or (ii) Prejudices judicial proceedings; or (iii) Obstructs the administration of justice.	Publishing defamatory remarks about a judge; disrupting court proceedings.

🔸 Not Contempt When:

• Publication is innocent or unintentional,
• Reports of court proceedings are fair and accurate,
• Criticism of judgments is fair and reasonable.

👉 In short, constructive criticism of courts is allowed — only malicious or disrespectful attacks are contemptuous.

🔹 Punishment

• Simple imprisonment up to 6 months, or
• Fine up to ₹2,000, or both.
• Proceedings must be started within one year of the alleged contempt.

👉 Note: The Act does not apply to Nyaya Panchayats or village courts.

💬 Conceptual Essence

“Respect for the Court is not for the judge’s ego — it is for the majesty of justice itself.”

6. Power of Judicial Review

This is perhaps the most powerful and defining feature of the Supreme Court.

🧭 Meaning

Judicial Review means the power of the Court to examine whether the laws made by the Legislature and the orders of the Executive are constitutional.

If they violate the Constitution, the Supreme Court can strike them down as ultra vires (beyond authority), making them null and void.

⚖️ Why It’s Important

It keeps the Legislature and Executive within their constitutional limits.
Thus, it ensures the supremacy of the Constitution — not of Parliament or the Government.

👉 Famous Examples:

• Kesavananda Bharati Case (1973) — Established the Basic Structure Doctrine.
• Indira Gandhi v. Raj Narain (1975) — Upheld that judicial review cannot be taken away.
• Minerva Mills Case (1980) — Reaffirmed that judicial review is a basic feature of the Constitution.

💬 Analogy:

“Judicial Review is like the Constitutional Lakshman Rekha —
it ensures that Parliament makes laws, but within the limits drawn by the Constitution.”

7. Review Jurisdiction

Even the Supreme Court can make mistakes — and the Constitution allows it to correct itself.

📜 Power of Review

The Supreme Court can review its own judgments or orders.
This means a party can request the Court to reconsider its earlier decision.

• A review petition must be filed within 30 days of the judgment.
• It is heard by the same judge or bench that delivered the original verdict.

📘 Grounds for Review

1. Discovery of new and important evidence not available earlier.
2. Error apparent on the face of the record — a clear mistake of law or fact.
3. Any other sufficient reason.

The Court may:

• Dismiss the petition, or
• Issue notice to the opposite party.

⚖️ Curative Petition

Even after a review petition is dismissed, in exceptional cases, the Court may entertain a curative petition (introduced after Rupa Hurra v. Ashok Hurra, 2002).

Grounds for Curative Petition:

1. Violation of natural justice (e.g., party not heard).
2. Gross miscarriage of justice.
3. Bias of the judge.
4. Prevention of abuse of judicial process.

👉 This makes the Supreme Court a self-correcting institution — ensuring justice even beyond finality.

💬 Conceptual Takeaway

“If justice is the goal, finality cannot be rigid — even the Supreme Court bows before truth when it finds an error.”

8. Constitutional Interpretation

The Supreme Court is the final interpreter of the Constitution —
the “living voice” that gives meaning to its words.

🧭 Role

Whenever there is ambiguity or conflict in the meaning of a Constitutional provision,
the Supreme Court decides the true intent and scope of that provision.

This interpretation gives the Constitution its living and dynamic character.

📘 Doctrines Used by the Supreme Court

Let’s go through the 13 important doctrines often applied in constitutional interpretation:

No.	Doctrine	Core Idea
1.	Doctrine of Severability	If only part of a law is unconstitutional, that part alone is struck down.
2.	Doctrine of Waiver	A person cannot voluntarily give up Fundamental Rights.
3.	Doctrine of Eclipse	A pre-Constitution law inconsistent with Fundamental Rights becomes dormant but revives if inconsistency is removed.
4.	Doctrine of Territorial Nexus	A state law can operate outside its territory if there is a sufficient connection (nexus).
5.	Doctrine of Pith and Substance	Look at the true nature (substance) of a law, not its label, to decide legislative competence.
6.	Doctrine of Colourable Legislation	A law cannot do indirectly what it cannot do directly.
7.	Doctrine of Implied Powers	When a power is conferred, all incidental powers necessary to carry it out are implied.
8.	Doctrine of Incidental and Ancillary Powers	Parliament or State can use related powers essential to make a law effective.
9.	Doctrine of Precedent	Past judicial decisions are binding for future similar cases.
10.	Doctrine of Occupied Field	When the Union legislates in the Concurrent List, State law on the same subject becomes inoperative.
11.	Doctrine of Prospective Overruling	A new interpretation applies only to future cases, not past ones (introduced in Golak Nath Case, 1967).
12.	Doctrine of Harmonious Construction	If two provisions conflict, interpret them to give effect to both.
13.	Doctrine of Liberal Interpretation	The Constitution must be interpreted broadly to promote its spirit and purpose.

💬 Essence

“The Constitution is not a static document — it breathes and grows through the interpretations of the Supreme Court.”

9. Other Powers of the Supreme Court

Apart from its main jurisdictions, the Supreme Court also performs several special constitutional and supervisory functions.

Let’s summarise them clearly 👇

(a) Disputes Regarding Presidential and Vice-Presidential Elections

• The Supreme Court decides all disputes related to the election of the President or Vice-President.
• Its decision is final — and cannot be appealed anywhere else.

(b) Inquiry into Misbehaviour of UPSC or SPSC Members

• If the President receives a complaint about the misbehaviour of the Chairman or members of UPSC,
  he refers the matter to the Supreme Court for an enquiry.
• If the Court finds them guilty, it can recommend their removal,
  and this advice is binding on the President.

(c) Transfer and Withdrawal of Cases

• The Supreme Court can withdraw a case from a High Court and decide it itself.
• It can also transfer a case or appeal from one High Court to another.
  (Useful when impartial justice is at stake.)

(d) Binding Authority

• The law declared by the Supreme Court is binding on all courts in India (Article 141).
• Its orders and decrees are enforceable throughout the country.
• All civil and judicial authorities must act in aid of the Supreme Court (Article 144).

(e) Judicial Superintendence

• The Supreme Court has supervisory control over all courts and tribunals functioning within India.
  This ensures uniformity and consistency in the administration of justice.

(f) Expansion of Jurisdiction

• Parliament can enlarge the jurisdiction of the Supreme Court on subjects in the Union List.
• Also, by special agreement, the Centre and States can extend its jurisdiction to other matters as well.

💬 Conceptual Takeaway

“The Supreme Court is not merely a court of law — it is the sentinel on the watchtower of our Constitution.”

🧠 Complete Recap: Jurisdictions of the Supreme Court

No.	Jurisdiction / Power	Key Article(s)	Core Function
1.	Original	131	Centre–State and inter-State disputes
2.	Writ	32	Enforcement of Fundamental Rights
3.	Appellate	132–136	Final court of appeal
4.	Advisory	143	Opinion to President
5.	Court of Record	129	Judgments as precedents + power of contempt
6.	Judicial Review	—	Strike down unconstitutional laws
7.	Review	137	Re-examine own judgments
8.	Constitutional Interpretation	—	Final interpreter of Constitution
9.	Other Powers	71, 317, etc.	Election disputes, transfers, binding law, etc.

💬 Final Thought

“The Supreme Court is not the master of the Constitution — it is its servant and guardian.
When Parliament overreaches, or the Executive oversteps, it is the Supreme Court that gently but firmly reminds them — thus far, and no further.”