In this article you will learn about Jurisdiction of Supreme Court of India in Political Science.
Jurisdiction of Supreme Court of India
The Supreme Court of India is the highest judicial body in the country and has a wide jurisdiction covering various areas of law. The Constitution of India grants the Supreme Court original, appellate, and advisory jurisdiction.
1. Original Jurisdiction : The Supreme Court directly hears several cases which cannot be heard by any other court. It has an original jurisdiction in any dispute between the Government of India and one or more States; or between the Government of India and any State or States on the one side and one or more than other States on the other; or between two or more States; that involves any question on which the existence of a legal right depends. In other words, only legal disputes and not political disputes can go to the Supreme Court.
However, the jurisdiction does not extend to a dispute arising out of any treaty, covenant, agreement, engagement, sanad or other similar instrument that was in operation before the commencement of the constitution and which continues to operate till today or which provides that this jurisdiction shall not extend to such a dispute.
2. Appellate Jurisdiction : The Supreme Court is the highest court of appeal in India in all civil and criminal cases. It has the power to hear appeals against the decisions of the High Courts, and this constitutes its Appellate Jurisdiction. The appeal can come before the Supreme Court in case the High Court issues a certificate to this effect.
- Appellate Jurisdiction in Civil Cases : In civil cases there can be appeal from the judgement, decree or the final order of the High Court, if the High Court, certifies that the case involves a substantial question of law of general importance or in the opinion of the High Court that said questions needs to be decided by the Supreme Court.
- Appellate Jurisdiction in Criminal Cases : In criminal cases and appeal lies from any judgement, final order or sentence given by the High Court if the High Court has reversed an order of acquittal of any accused and sentenced him to death or the High Court has withdrawn for trial a case from any subordinate court and awarded death sentence to the accused; or the High Court certifies under Article 134(A) that the case is fit for appeal to the Supreme Court.
- Appellate Jurisdiction in Constitutional Cases : Constitution cases involving substantive point of law requiring the interpretation of the Constitution can be appealed in the Supreme Court, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the constitution. It goes to the Supreme Court for the appeal.
3. Special Leave to Appeal : Under Article 136, the Supreme Court can in its discretion grant special leave to appeal against any judgement, determination, decree, sentence or order in any case or matter decided by any court for tribunal in India.
4. Advisory Jurisdiction : The President of India can seek the advice of the Supreme Court in respect of any legal matter and a dispute of high public importance. In such cases the Supreme Court has to give its advisory opinion to the President. However, such advice is not binding upon the president.
5. Power to Interpret and Protect the Constitution : The Constitution of India is the supreme law of the land and the Supreme Court acts as a final interpreter of the Constitution. It has the power to reject any law or act of the legislature or the executive, which it finds to be unconstitutional. It can also determine the constitutional validity of all laws or acts which are challenged before it or when the question of their validity arises during litigation in any case before the court which is known as the Court's power of Judicial Review.
In conclusion, the Supreme Court of India has a wide jurisdiction covering various areas of law. Its powers include original jurisdiction in disputes between the Union and State(s), appellate jurisdiction over all civil and criminal cases in the country, advisory jurisdiction on matters of law and public importance, and the power to issue writs for the enforcement of Fundamental Rights.
This article on Jurisdiction of Supreme Court of India in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.