Analysis of Supreme Court and its Jurisdiction

ABSTRACT

The Supreme Court of India is the higher judicial authority under the Constitution of India. The Supreme Court has jurisdiction  to hear over a wide range of cases as authority , the Supreme Court of India has original and appellate jurisdiction, as well as the power to grant special leave to appeals , Original jurisdiction. The Supreme Court has the power to hear and decide disputes in the first instance. Supreme Court of India  with respect to rulings on important constitutional questions  is responsible for hearing appeals from lower courts, and for issuing. This includes disputes between the government and  states, between more states, or between the government and states or both sides, as far as appellate jurisdiction is concern The Supreme Court meanwhile proceedings hears appeals against judgments from the High Court for constitutional, civil, and criminal cases. Extraordinary appellate jurisdiction The Supreme Court can grant special leave to appeals against any order from a lower court or tribunal in respect of proper justice can be made with party those who involve in legal dispute.

Key word :- jurisdiction, original, appellate, supreme court, constitutional

INTRODUCTION

Supreme court is the highest constitutional court in India , The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow  judges, has extensive powers in the form of different  jurisdictions  ,it protect the fundamental right and give decision the case where is substantial question of law is involved, supreme court have different kind of jurisdiction like appellate, special leave petition , extra ordinary , original jurisdiction ,advisory jurisdiction,  if there is a dispute between two or more States, or between the Union as well as one or more States, the Supreme Court has the power to settle it.  Supreme Court can also review any judgement of a High Court if it is satisfied that the case involves a question of law of general importance , Supreme Court can  issue different  kinds of writs for the implement of Fundamental Rights. These are called ‘Habeas Corpus’, ‘Mandamus’, ‘Prohibition’, and ‘Certiorari by consideration. The Supreme Court has played an important role in the development of India’s legal system and in safeguarding the Fundamental Rights of citizens. this supreme court provide the justice to the litigant  party if  litigant  party disagree with the order by the lower court and if there is involvement of substantial question of law litigant party can approach to the supreme court of India.

Supreme Court jurisdiction can be broadly categorized as under:

Appellate Jurisdiction: –

 In this jurisdiction following articles are cover:-

• Appeals permitted under Articles 132 Appellate Jurisdiction of the Supreme Court in appeals from High Courts in certain cases if high court certified under article 134 A that the there is involvement of substantial question of law in the case appeal can be made in supreme court of India.
• Articles  133 Jurisdiction related to Appellate with respect to civil matter, appeals from High Courts to Supreme Court  in regard to civil matters , in this regard appeal will be lie in the supreme court and there must be involvement of substantial question of law and this question must be decided by the supreme court. Unless  parliament by law otherwise provided appeal will not be lodge in the supreme court .
•  Articles  134 Jurisdiction related to  Appellate  in Supreme Court in regard to criminal matters of the Constitution. , appeal will be lie in supreme court , if accused acquitted by the high court ,if the high court bring case from the lower court sentenced to accused with death ,case would be appealable in supreme court under article 134A .The Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 in which appeal under section 2.
• Article 136 [1]of the Constitution Grant of special leave to appeal, supreme court can grant special leave to appeal for any case in which judgement order decree pass by court or tribunal in territory of India.

Extra-ordinary Appellate Jurisdiction: –

 Special leave to appeal under Article 136 of the Constitution, supreme court can grant special leave to appeal for any case in which judgement order decree pass by court or tribunal in territory of India.

Original Jurisdiction: –

• – Petitions under Article 32 enforcement of rights in respect of Remedies  conferred by this Part. of the Constitution orders or  writs for enforcement of the fundamental rights like as  habeas corpus, mandamus, prohibition, quo warranto and certiorari.
• – Original suits under Article 131 the Supreme Court of India Original jurisdiction , supreme court will have original jurisdiction in respect of dispute between government of India and one or more state, government of India and state one side and other or more state is other side and between two or more state.
• – Petitions under Article 139A(1)  as per article  transfer of cases pending before the Supreme Court and one or more High Courts or before two or  more High Courts as  involving the  substantial questions of law .
• – Petitions under Article 139A(2) related to seeking transfer of any case, appeal or other proceedings pending before any High Court to any other High Court.
• -Petitions under Section 25 of the Code of Civil Procedure, 1908 , seeking transfer of any suit,appeal or other proceeding from a High Court to other civil court as well as in one State to a High Court or other civil court in any other State.
• – Petitions under Section 406 related to   Code of Criminal Procedure, 1973, seeking transfer of any particular case or appeal from one High Court to another High Court , subordinate  criminal court to  High  Court .
• – Petition under Part III of the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952) read with Article 71 of the  Constitution relating to the election of a President or Vice-President;
• – Arbitration and Conciliation Act, 1996  Petition under Section 11(5) , read along  with Appointment of Arbitrators by the Chief  Justice of India Scheme, 1996, concern with  appointment of an  Arbitrator.

Extra-ordinary Original Jurisdiction:-

Petitions under Article 32 Remedies for enforcement of rights conferred by this Part. of the Constitution in the nature of public interest litigation seeking redressal of public injury, enforcement of a public duty or vindicating interest of public nature; Petitions under Article 32 of the Constitution related to transfer of cases involving the State of Jammu and Kashmir.

Advisory Jurisdiction: –

 Article 143[2]:-  President power related  to consult with  Supreme Court, president can take advice from the supreme court of India if there is existence of question of law  president can refer to supreme court and take advice on question with Supreme court, supreme court after hearing can give advice to president .

– Reference under Section 257 of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal through its President.

Inherent and Plenary Jurisdiction –

• – Petitions as mentioned in  Section 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read along with Articles 129 and 142 of the Constitution.
• – Applications for review under Article 137 of the Constitution ;
• – Curative petitions .
• -Applications related to  Section 2 of the Supreme Court, decrees and orders enforcement order, 1954.

 Other Articles related to Jurisdiction :-

• Article 129:- Supreme court  will be court of record and have power to punish for contempt.
• Article 131 :-Original jurisdiction of the supreme court related to government of India and states, Government of India and one or more state , between two or more state , this jurisdiction will not applicable to treaty, agreement, and related dispute which executed before initiation of constitution.                 
• Article 132:-  Jurisdiction of supreme court related to appellate, appeal from high court in certain cases. If the case have substantial question of law and its certified by the high court than appeal will lie in the supreme court of India.
• Article 133:- Regarding civil matter appellate jurisdiction of supreme court , appeal in respect of civil matter will be lodge in the supreme court against the order of high court , if there is any existence of substantial question of law in the matter.
• Article 134 :-Regarding criminal matter appellate jurisdiction of supreme court  , appeal will lie in supreme court , if accused acquitted by the high court ,if the high court bring case from the lower court sentenced to accused with death ,case would be appealable in supreme court under article 134A .parliament can give power to supreme court for hearing against the order of high court with conditions and limitations as prescribed by the law .no appeal will lie in the supreme court against the order of high court until & unless parliament by law otherwise provide.
• Article 136:- Related to special leave to appeal in supreme court of India, supreme court can grant special leave to appeal for any case in which judgement order decree pass by court or tribunal in territory of India.
• Article 137 :-  Review of judgment or order by supreme court ,supreme court have power to review its own judgement as passed by supreme court.
• Article 139:- To issue certain writs by the supreme court related to conferment .what ever provision given in article 32 (2) , apart from this parliament can give power to supreme court for issues a different writes.
• Article 141:-  whatever law  declared by  supreme Court shall be  binding on all courts within the territory of India.
• Article 142 :- Power of supreme court regarding enforcement of decree and order, supreme court for providing complete justice can pass order or decree in the territory of India, supreme court can give order for attendance of any person and for production of any document and have power for punishment of contempt , investigation.
• Article 145:-, the Supreme Court may, from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court, supreme court make rule related to person practice before court, procedure hearing for appeal, for the enforcement of the right as mentioned in part III, proceeding in the court, rule related to entertainment of appeal under article 134, procedure of review  time within which review are to be entered  , fees to charged in proceedings , granting of bail  rules, stay proceedings , summary determination of any appeal related rules ,procedure for inquiries as referred in clause of  article 317.

Conclusion

The Supreme Court have wide  jurisdiction over all Courts and Tribunals in India,  its related to  grant special leave to appeal under Article 136. and apart from plenary ,advisory ,extraordinary, original jurisdiction as mentioned in the  the Constitution, supreme court has jurisdiction related to  judicial review, protect the fundamental rights of person, supreme court have power to hearing appeals from lower courts, issuing writs  for enforce fundamental rights ,advising the president of India in respect of  legal matters ,resolving issues which comes  from governmental bodies ,taking up cases from high courts ,transferring cases within the territory of India,  it interoperate the law ,advise the president , make the law binding to all other court , taking up the case and transfer the cases  this kind of  act done by the supreme court  by following its jurisdiction .any person can go in supreme court  from against the impugned  judgment, decree, determination, sentence or order passed by the  by any lower Court in India for taking the justice so that the legality can be maintain among the people in India.

[1] Durga Shankar V Raghu Raj ,AIR 1954 SC 520:(1955) 1 SCR 267

[2] M Ismail Faruqui V UOI (1994)6 SCC360:AIR1995SC605