Jai Hind Jai Bharat

Jai Hind Jai Bharat

Friday, July 23, 2010

Jurisdiction of the Supreme Court of India

Original Jurisdiction: It has exclusive original jurisdiction over any conflict between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights.

Appellate (appeal) Jurisdiction: The appellate jurisdiction of the Supreme Court can be raised by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgement, enactment or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. The Supreme Court can also grant special leave to appeal from a judgement or order of any non-military Indian court. Parliament has the power to enlarge the appeal jurisdiction of the Supreme Court and has exercised this power in case of criminal appeals by enacting the Supreme Court Act, of 1970.

Appeals also lie to the Supreme Court in civil matters if the High Court certifies:
 that the case involves essential question of law of general importance, and
 that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

In criminal cases, an appeal lies to the Supreme Court if the High Court:
 has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or
 has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or
 certified that the case is a fit one for appeal to the Supreme Court. Parliament is
authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.

Advisory Jurisdiction: The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to the President of India under Article 143 of the Constitution.

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