Table of contents | |
Independence of Judges | |
Original Jurisdiction | |
Power of the Supreme Court | |
Jurisdiction of High Court | |
Need of a Supreme Court |
The Constitution of India ensures the independence of Supreme Court Judges through various provisions, which are as follows:
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Original jurisdiction refers to the authority of the Supreme Court to hear and decide cases at the first instance, particularly when the parties involved are constituent units of the federal structure. The Supreme Court has this jurisdiction in disputes where the parties are:
Disputes involving questions of law or fact fall under the original jurisdiction of the Court. However, this jurisdiction does not include cases like:
These types of disputes can be referred to the Supreme Court by the President for advisory opinions.
The Supreme Court has the original jurisdiction to enforce fundamental rights as per Article 32 of the Constitution. It is empowered to issue writs in cases where these rights are infringed. In this capacity, the Supreme Court acts as the guardian and protector of fundamental rights.
The Supreme Court serves as the final appellate tribunal in the country and exercises appellate jurisdiction in various matters, including constitutional, civil, and criminal cases.
An appeal can be made against any judgment, decree, or final order of a High Court in constitutional matters, regardless of whether the proceedings are civil, criminal, or otherwise. However, the High Court must certify that the case involves a substantial question of law.
To expedite the appeal process, the High Court grants the certificate either on its own motion or at the oral request of the aggrieved party immediately after the judgment is delivered. The following three conditions must be met for the High Court to grant the certificate:
The determination of what constitutes a 'substantial' question is left to the Court. If there is an existing Supreme Court judgment on the matter, the Court may refuse to certify the case. The Supreme Court may also decline to hear the appeal if it finds the appeal incompetent, or it may resolve the contentious issue.
In the appeal, the appellant is limited to challenging only the aspects specified in the High Court's certificate. However, if the appeal is made under the Supreme Court's special leave jurisdiction due to a miscarriage of justice in the High Court trial, the appellant may raise additional issues.
The Supreme Court can hear appeals from any judgment, decree, or final order in a civil proceeding of a High Court if the High Court is satisfied that:
In appeals under this jurisdiction, new grounds cannot be raised. Grounds that were not presented before the lower courts cannot be introduced in the Supreme Court. Additionally, no appeal can be made to the Supreme Court from the judgment, decree, or final order of a single judge of a High Court.
According to the relevant provision, an appeal can be made to the Supreme Court from a judgment, final order, or sentence in a criminal proceeding of a High Court. This appeal can be made with or without the certificate of the High Court.
An appeal to the Supreme Court without certification is allowed if the High Court has:
The Supreme Court Criminal Appellate Jurisdiction Act, 1970, extends the Supreme Court's appellate jurisdiction in these cases to include verdicts involving imprisonment for life or for a term of not less than 10 years. However, if the High Court has reversed the order of conviction and acquitted the accused, no appeal lies to the Supreme Court.
An appeal to the Supreme Court with certification in a criminal case is at the discretion of the High Court. Generally, the certificate is granted when exceptional circumstances exist.
Under the relevant provision, the Supreme Court has the authority to grant special leave to appeal at its discretion from any judgment, decree, determination, sentence, or order made by any court or tribunal in the country. However, courts or tribunals established under laws related to the armed forces are excluded from this provision.
In appeals under this provision, the Supreme Court does not permit the appellant to raise new pleas for the first time. In criminal cases, special leave to appeal is granted only when special and exceptional circumstances are demonstrated.
According to the relevant provision, the Supreme Court can offer advice to the Government when requested. The President may seek the Court's opinion when:
The reference made under this provision is considered an opinion rather than a judicial pronouncement. The President is not obligated to accept the Court's opinion, and the Supreme Court is not compelled to provide an opinion either. Under the specific clause, the President may refer matters excluded from the Supreme Court's jurisdiction for opinion. The Court is bound to provide its opinion in such cases.
In the Kerala Education Bill Case (1958), the Supreme Court established principles for advisory jurisdiction, including the Court's discretion to refuse to express an opinion on referred questions and the President's authority to decide what questions to refer.
In the Special Courts Bill case (1978), the Supreme Court ruled that its advisory jurisdiction opinions are binding on all courts in India. The Supreme Court's views expressed in advisory jurisdiction are binding on all Indian courts, but the Court is not bound by its own decisions and may reverse previous judgments when appropriate.
The Supreme Court holds several significant powers, which include:
The Supreme Court has the explicit authority to review its own judgments under the following circumstances:
The Supreme Court possesses the authority to assess the constitutionality of legislative enactments. This power allows the Court to declare a law invalid if it contradicts fundamental rights, as stipulated in the Constitution. The Court is empowered to review laws passed by both the Union and State legislatures. In the landmark Minerva Mills case, the Supreme Court affirmed that judicial review is a fundamental aspect of the Constitution.
Parliament has the authority to bestow supplementary powers upon the Supreme Court through legislation. These supplementary powers are intended to facilitate the effective execution of the Court's assigned functions. However, such powers must not contradict the existing provisions governing the Court's operations.
This power allows the Supreme Court to withdraw cases from one or more High Courts and adjudicate them if it finds that the cases involve the same or significantly similar legal questions of general importance. The withdrawal can be initiated upon the application of the Attorney General of India, a party involved in the case, or on the Court's own motion. Additionally, the Supreme Court has the authority to transfer cases, appeals, or other proceedings from one High Court to another if it deems it appropriate.
An instance of this power in action is seen in the case of Union of India vs. Shiromani Gurudwara Prabandhak Committee. In this case, the respondents had filed a petition for damages in Punjab against the Union of India concerning the loss of gurudwara properties. Due to the prevailing extraordinary situation in Punjab, it was argued that a fair trial could not be conducted there. Consequently, the Supreme Court granted permission to transfer the case to the Delhi Court, justifying the transfer based on the circumstances.
The Supreme Court possesses jurisdiction and power over matters that fall outside the provisions of Articles 133 and 134, provided these matters were within the jurisdiction of the federal court immediately before the establishment of the Supreme Court. Two essential conditions must be met for the Supreme Court to exercise this jurisdiction:
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The Constitution of India does not provide a detailed classification of the jurisdiction of High Courts. Instead, it is assumed that they operate under the jurisdiction that was established at the time of India's independence. Generally, the jurisdiction of a High Court is limited to the territorial boundaries of the state it serves, unless Parliament creates a common High Court for multiple states or extends a High Court's jurisdiction to a Union territory.
Subordinate Courts include District Judges,City Civil Courts,Metropolitan Magistrates, and members of the state judicial service. The High Court's control over these subordinate Courts includes:
By maintaining this control, the High Court ensures uniformity and quality in the administration of justice within the subordinate judiciary.
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