Jurisdiction of Supreme Court of India

Jurisdiction of Supreme Court of India

The Supreme Court of India is the highest judicial organ. Therefore, it possesses very wide powers.

The jurisdiction of the Supreme Court may he classified under different heads:

Original Jurisdiction,
Appellate Jurisdiction,
Writ Jurisdiction and
Advisory Jurisdiction.
1. Original Jurisdiction:

The Supreme Court of India has exclusive original jurisdiction in any dispute:

1. Between the Government of India and one or more States or
2. Between the Government of India and any State or States on one side and one or more States on the other; or
3. Between two or more States.

2. Appellate Jurisdiction:

The Supreme Court is the highest Appellate Court in India and as such it has an appellate jurisdiction over the State High Courts.

It hears appeals in constitutional, civil and criminal cases.

Constitutional:

The powers relating to Constitutional matters are important power of Supreme Court.

In constitutional matters, the Supreme Court hears appeals from a State High Court, when the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

Civil Jurisdiction:

The Supreme Court also hears appeals in civil case if a High Court certifies that:

1. The case has a great constitutional significance, or

2. The case is a fit one for appeal to the Supreme Court.

Criminal Jurisdiction:

The Supreme Court has also the power to hear appeal in criminal cases from a State High Court if the High Court

Has on appeal reversed an order of acquittal of an accused person and sentenced him to death or
Certifies that the case is a fit one for appeal to the Supreme Court.
3. Writ Jurisdiction:

Under the Constitution of India, a person has the right to move the Supreme Court for the protection of his fundamental rights. And the Supreme Court may issue writs in the nature of mandamus, habeas copus, prohibition and quo­-warranto for the enforcement of the fundamental rights of citizens conferred by Part III of the Constitution.

Advisory Jurisdiction:

The President of India has the power to refer important questions of law or fact to the Supreme Court for its opinion. And the Supreme Court may report to the President its opinion thereon.

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