Professional Documents
Culture Documents
Jurisdiction of Supreme Court of India
Jurisdiction of Supreme Court of India
Jurisdiction
The Supreme Court has jurisdiction and the or writs, including writs in the nature of
authority to hear a wide range of cases. Its habeas corpus, mandamus, prohibition, quo
jurisdiction is generally classified into three warranto and certiorari to enforce them.
categories namely, original, appellate and
advisory. In accordance with the power conferred under
Article 71 of the Constitution, all doubts and
disputes arising out of or in connection with
Original Jurisdiction the election of a President or Vice President
The Supreme Court of India is empowered shall be inquired into and decided by the
Supreme Court whose decision shall be final.
by Article 131 of the Constitution of India
Apart from this, Section 25 of the Code of
to entertain original jurisdiction exclusively
Civil Procedure, 1908 enables the Supreme
with regards to any dispute between the
Court to transfer any case, appeal or other
Government of India and one or more States;
proceedings from High Court or other civil
or, between the Government of India and
court in one State to a High Court or other
any State or States on one side and one or
civil court in any other State. Moreover,
more other States on the other; or, between
Supreme Court can also transfer any case
two or more States, if and in so far as the
involving same or substantially same
dispute involves any question (whether of questions of law pending before it and one or
law or fact) on which the existence or extent more High Courts in certain contingencies to
of a legal right depends: Provided that itself, as per the provisions under Article139A.
the said jurisdiction shall not extend to a The Appointment of Arbitrators by the Chief
dispute arising out of any treaty, agreement, Justice of India Scheme, 1996 as framed
covenant, engagements, and or other similar under Section 11(10) of the Arbitration
instrument which, having been entered into and Conciliation Act, 1996 regulates the
or executed before the commencement of appointment of arbitrators under Section
this Constitution, continues in operation after 11(6) of the said Act. Furthermore, the
such commencement, or which provides Supreme Court has all the powers to punish
that the said jurisdiction shall not extend for contempt of itself. For this purpose, ‘Rules
to such a dispute. In addition, Article 32 of to Regulate proceedings for Contempt of the
the Constitution gives an extensive original Supreme Court, 1975’, have been framed in
jurisdiction to the Supreme Court in regard exercise of the power under Section 23 of
to enforcement of Fundamental Rights. It the Contempt of Courts Act, 1971, read with
is empowered to issue directions, orders Article 145 of the Constitution of India.
62 SUPREME COURT
Section 21 of the Black Money Section 11 of the Competition Act, 2002,
(Undisclosed Foreign Income and Assets) as regards removal of Chairperson and
and Imposition of Tax Act, 2015 (22 of other Members of the Commission.
2015);
Sections 14 and 17 of the Right to
Section 33E of the Aadhaar (Targeted Information Act, 2005, as regards
Delivery of Financial and Other Subsidies, the Removal of Chief Information
Benefits and Services) Act, 2016 (18 of Commissioner or any Information
2016); Commissioner and State Chief Information
Sections 62 and 182 of the Insolvency Commissioner or State Information
and Bankruptcy Code, 2016 (31 of 2016); Commissioner, respectively.
Section 118 of the Central Goods and Section 257 of the Income Tax Act, 1961,
Services Tax Act, 2017 (12 of 2017); as regards reference by the Income Tax
Section 73 of the Consumer Protection Appellate Tribunal.
Act, 2019 (35 of 2019); and
Other Powers of The Supreme Court
Section 60(2) of the Major Port Authorities
Act, 2021 (1 of 2021). In addition to the Original, Appellate and
Advisory Jurisdiction, the Supreme Court also
exercises the following powers:
Jurisdiction
Advisory Jurisdiction
Article 143(1) of the Constitution of India Public Interest Litigation (PIL): A Public
states that if at any time it appears to the Interest Litigation may commence in
President of India that a question of law or
any of the manner, such as: (i) through
fact has arisen, or is likely to arise, which is of
a suo motu petition in pursuance of the
such nature or of such public importance that
order of the Chief Justice or Judge of
it is expedient to obtain the opinion of the
the Supreme Court; (ii) in pursuance of
Supreme Court upon it, the President may
an order of the Chief Justice or a Judge
refer the question to the Supreme Court for
consideration. The Supreme Court may, after nominated by the Chief Justice on a
such hearing as it thinks fit, report to the letter or representation; (iii) by an order
President, its opinion thereon. In accordance of the Supreme Court to treat a petition
with Article 143(2) of the Constitution, the as a Public Interest Litigation; (iv) by
President may, refer a dispute of the kind presentation of a petition in the Supreme
mentioned in the proviso of Article 131 Court.
of Constitution to the Supreme Court for Power of Review: The Supreme Court
opinion and the Supreme Court shall, after
under Article 137 of the Constitution
such hearing as it thinks fit, report to the
of India has the power to review any
President its opinion thereon.
judgment pronounced, or any order
Reference to the Supreme Court can also be made by it. Review Petitions are disposed
made under following provisions: of by circulation as per listing procedures.
However, in death sentence cases, oral
Article 317 of the Constitution of India, as hearing has been made permissible,
regards removal of Chairman or any other limited to 30 minutes as per the verdict
Member of a Public Service Commission.
Subordinate Legislations
Important Acts Relating to Supreme
Court The subordinate legislations relating to
the Supreme Court are as follows:
The important legislations relating to
Supreme Court of India are as follows: Judges (Inquiry) Rules, 1969;
Supreme Court Rules, 2013;
Judges (Inquiry) Act, 1968 (51 of 1968);
Supreme Court (Decree and Orders)
Judges (Protection) Act, 1985 (59 of 1985)
Enforcement Order, 1954;
[amended by Act No. 34 of 2019];
Supreme Court Judges Rules, 1959;
Jurisdiction
64 SUPREME COURT