JURISDICTION

INTRODUCTION

In this assignment, I am going to discuss about the all type of jurisdiction which Supreme Court can exercise according to his powers. If we see all the constitution of the world than we can clearly see that the S C of India has wider jurisdiction among the all. There are many articles which includes the jurisdiction of S C which are article 32, 131, 132, 133, 134, 136, 143, etc. There are 4 main type of jurisdiction namely Original jurisdiction, Appellate Jurisdiction, Advisory and writ jurisdiction.

ORIGINAL JURISDICTION:-  Article 131

Original jurisdiction is used to settle the dispute between :-

  1. Government of India and one or more state
  2. Between the Government of India and any state
  3. States on one side and one or more states on other
  4. B/w  2 or more states

Art. 32 of constitution provides S C with the original jurisdiction in matters regarding the enforcement of fundamental rights.

Supreme Court also has the power to direct the transfer of a criminal case or any civil case from H C in one state to the H C  in other state.

Under the arbitration and conciliation act, 1996, international commercial arbitration can also be initiated in the S C.

WRIT JURISDICTION:- Art. 32

Under this jurisdiction, the constitution of India provides. ‘the S C shell have power to issue direction or  order or writs, Including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, Whichever may be appropriate, for the enforcement of any rights confirmed by this part.’

  1. Habeas corpus:- this means to have the body in front of the supreme court and the object of this to free a person who is illegally detained. This writ can be filed by an application by relatives or friend or any person in the court. The court on being satisfied with all the contents of the application and the issue which mentioned in the writ then the court  can file this writ to set free the person.
  2. Mandamus:- this means ‘ we command’. It is a judicial order issued in the form of a command to any constitutional, statutory or non-statutory authority asking to carry out public duty imposed by law or to refrain from doing a particular act which is the authority is entitled to do under the law.
  3. Prohibition:- It means to prohibit. This writ is a judicial order issued by Supreme Court or High Court to inferior court or quasi-judicial body for building the letter to continue proceeding there in excess of its jurisdiction which is not legally vested.
  4. Certiorari:- It means to certify. This rate is used to confers power to the High Court and Supreme Court to correct illegality of their decision By any inferior court or quasi racial or any administrative body to transmit to the court of records of proceeding pending.
  5. Quo warantto:- this writ questions the title as to the holder of an office. the term quo warantto means ‘what is your authority’ it is a judicial order asking a person, who occupies public office, to show by what authority he/she holds the office.

APPELLATE JURISDICTION:Art. 132, 133, or 134

This jurisdiction can be invoked by a certificate granted by the high court concerned under the given articles of the constitution in respect of any judgment, decree or final order of a high court in both civil and criminal cases.

Appeals also lie in supreme court in civil matters if the high court concerned certify that the case involves a substantial question of law of general importance or in the opinion of the high court, the said question needs to be decided by the supreme court.

The S C  has also a very wide appellate jurisdiction over all courts and tribunals in India as much as it may, grant special  leave to appeal under art. 136 of the constitution from any judgment, decree, determination, sentence, order passed or made by any court  in the territory of India.

Special leave to appeal is granted by Supreme Court if it is satisfied that the case does not involve any question. however, it cannot be passed in case of cement passed by the court or tribunal of armed forces.

ADVISORY JURISDICTION:– Art. 143

Under this article president of india is allowed to seek an advisory opinion from the S Cin the two categories of matters:

  • Matters of public importance
  • Of any questions arising out of pre-constitution, treaty, agreement, engagement or other similar instruments.

POWERS OF THE SUPREME COURT:-

  1. Power to punish for contempt of court with imprisonment or fine
  2. Judicial review to examine the constitutionality of enactments and executive orders
  3. Appointment of ad hoc judges
  4. Appointment of retired judges of the supreme court or high court
  5. Supreme court can act as court of record

CONCLUSION

So I want to conclude my assignment that the Supreme Court has wide jurisdiction among the all constitution in the world and it has original, appellate, writ and advisory jurisdiction and it can give it’s decision of the cases based of these jurisdiction. Supreme Court also has many powers as I dis above in the assignment. Article 131 has original jurisdiction, article 132, 133, 134 and 136 has appellate jurisdiction, Article 32 has writ jurisdiction and article 143 has advisory jurisdiction. It can pass writs according to the article 32 of constitution in case of violation of the fundamental rights.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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