Jurisdiction of The Supreme Court of India

The Jurisdiction of the Supreme Court of India can broadly be categorised as

1.Appellate Jurisdiction

2.Original Jurisdiction

3.Advisory Jurisdiction

Jurisdiction of the Court

Appellate Jurisdiction

Appeals permitted under the Constitution

• Article 132 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, decree or final order of a High Court, whether in civil, criminal or other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

• Article 133 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court if the High Court certifies that the case involves a substantial question of law of general importance and in its opinion the said question needs to be decided by the Supreme Court.

• Article 134 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court if (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn for trial before itself, any case from any Court subordinate to it and has in such trial convicted the accused and sentenced him to death or (c) it certifies that the case is a fit one for appeal to the Supreme Court.<ref>http://supremecourtofindia.nic.in/handbook3rdedition.pdf</ref>

Appeal by Special Leave

• Article 136 of the Constitution of India, 1950 provides that the Supreme Court may in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case or matter passed or made by any Court or tribunal in the territory of India except the Court or tribunal constituted by or under any law relating to armed forces.<ref>http://supremecourtofindia.nic.in/handbook3rdedition.pdf</ref>

Statutory Appeals

• Section 379 of the Code of Criminal Procedure, 1973 read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, as amended by the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Amendment Act, 1972, provides for an appeal to the Supreme Court from any judgment, final order or sentence in a criminal proceedings of a High Court, if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or to imprisonment for a period of not less than ten years; (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years.

• Section 130E of the Customs Act, 1962 provides for an appeal to the Supreme Court from any judgment of the High Court on a reference made under Section 130, in any case which the High Court certifies to be a fit one for appeal to the Supreme Court, or any order passed by the Appellate Tribunal relating, amongst other things, to the determination of any question having relation to the rate of custom duty or the value of goods for the purpose of assessment.

• Section 35L of the Central Excise and Salt Act, 1944 provides for an appeal to the Supreme Court from any judgment of the High Court delivered on a reference made under Section 35G, in any case which the High Court certifies to be a fit one for appeal to the Supreme Court, or any order passed by the Appellate Tribunal relating, amongst other things, to the determination of any question having a relation to the rate of duty of excise or to the value of goods for purpose of assessment.

• Section 23 of the Consumer Protection Act, 1986 provides for an appeal to the Supreme Court from an order made by the National Commission, entertaining complaints where the value of the goods or services and compensation, if any, claimed exceeds Rupees One Crore.

• Section 19(1)(b) of the Contempt of Courts Act, 1971 provides for an appeal to the Supreme Court, as of right, from any order or decision of Division Bench of a High Court in exercise of its jurisdiction to punish for contempt.

• Section 38 of the Advocates Act, 1961 provides for an appeal to the Supreme Court from an order made by the Disciplinary Committee of the Bar Council of India under Section 36 or 37 of the said Act.

• Section 116-A of the Representation of People Act, 1951 provides for an appeal to the Supreme Court on any question, whether of law or fact, from every order passed by a High Court under Section 98 or Section 99 of the said Act.

• Section 10 of the Special Court (Trial of offences relating to Transactions in Securities) Act, 1992 provides for an appeal to the Supreme Court from any judgment, sentence or order not being interlocutory order, of the special court, both on fact and on law.

• Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 provides for an appeal to the Supreme Court from certain orders passed by the Central Government or by MRTP Commission.

• Section 18 of the Telecom Regulatory Authority of India Act, 1997 provides for an appeal to the Supreme Court against any order not being an interlocutory order, of the Appellate Tribunal, on one or more of the grounds specified in Section 100 of Code of Civil Procedure.

• Section 15(z) of the Securities and Exchange Board of India Act, 1992, provides that any person aggrieved by any decision or order of the Securities Appellate Tribunal may file an appeal to the Supreme Court on any question of law arising out of such order.

• Section 261 of the Income-Tax Act, 1961 provides for an appeal to the Supreme Court from any judgment of the High Court (delivered on a reference made under Section 256 against an order made under Section 254 before 1st October, 1998 or on appeal made to the High Court in respect of an order passed under section 254 on or after that date), in any case which the High Court certifies to be a fit one for appeal to the Supreme Court.

• Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 provides for an appeal to the Supreme Court from any judgment, sentence or order not being an interlocutory order, of a Designated Court, both on facts and on law. The Act has since been repealed.

• Section 53T of the Competition Act, 2002, provides for an appeal to the Supreme Court against any decision or order of the Appellate Tribunal.<ref>http://supremecourtofindia.nic.in/handbook3rdedition.pdf</ref>

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Original jurisdiction

Writs

• Article 32 of the Constitution of India, 1950 guarantees the right to move the Supreme Court for enforcement of fundamental rights. Supreme Court has power to issue directions or orders or writs including the writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, whichever may be appropriate, for enforcement of these rights.<ref>http://supremecourtofindia.nic.in/handbook3rdedition.pdf</ref>

Original Suits

• Article 131 of the Constitution of India, 1950 grants exclusive jurisdiction to the Supreme Court in any dispute between a) Government of India and one or more States or b) between Government of India and any State or States on one side and one or more other States on the other side c) between two or more States, insofar as such disputes involve any question on which the existence or extent of a legal right depends.<ref>http://supremecourtofindia.nic.in/handbook3rdedition.pdf</ref>

Transfer of cases

• Article 139A(1) of the Constitution of India, 1950 provides that where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts, and the Supreme Court is satisfied, on its own motion, or on an application made by the Attorney-General for India or by a party to any such case, that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself.

• Article 139A(2) of the Constitution of India, 1950 provides that the Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

• Section 25 of the Code of Civil Procedure, 1908 provides that Supreme Court may transfer any suit, appeal or other proceedings from a High Court or other civil court in one State to a High Court or other civil court in any other State.

• Section 406 of the Code of Criminal Procedure, 1973 provides that Supreme Court may transfer any particular case or appeal from one High Court to another High Court or from a criminal court subordinate to one High Court to another criminal Court of equal or superior jurisdiction, subordinate to another High Court.<ref>http://supremecourtofindia.nic.in/handbook3rdedition.pdf</ref>

Election disputes

• Article 71 of the Constitution of India, 1950, provides that all doubts and disputes relating to election of a President or Vice-President are required to be enquired into and decided by the Supreme Court.<ref>http://supremecourtofindia.nic.in/handbook3rdedition.pdf</ref>

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Advisory Jurisdiction

• Article 143(1) of the Constitution of India, 1950, provides that if at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President, its opinion thereon.

• Article 317 of the Constitution of India, 1950, provides that the Chairman or any other member of a Public Service Commission can be removed from his office by order of the President, on the ground of misbehaviour, after the Supreme Court on reference being made by the President, has on enquiry reported that he ought, on such ground, to be removed from his office.

• Section 53K of the Competition Act, 2002 provides for removal and suspension of Chairperson and Members of Appellate Tribunal in consultation with the Chief Justice of India on any of the grounds specified in clauses (a) to (f) of Sub-section (1) of Section 53K after an enquiry by a Judge of the Supreme Court of India.<ref>http://supremecourtofindia.nic.in/handbook3rdedition.pdf</ref>

References

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External links

• http://supremecourtofindia.nic.in