🐾
Supreme Court Jurisdiction
Original, Appellate, Advisory & Special Leave
PART I — THE CORE JURISDICTIONS
ARTICLE 131
Original Jurisdiction
- The SC functions as a federal court, deciding disputes between different units of the Indian Federation.
- **Scope:** Any dispute between: (a) Center vs. one/more States, (b) Center + States vs. other States, (c) Two or more States.
- **Exclusive:** No other court can entertain such disputes. It must involve a question on which the existence or extent of a legal right depends.
- *Exclusion:* Disputes arising out of pre-Constitution treaties or inter-state water disputes (governed by separate tribunals) are excluded.
ARTICLES 132, 133, 134
Appellate Jurisdiction
- The SC is primarily a court of appeal (replacing the British Privy Council).
- **Constitutional Matters:** Appeals lie if the HC certifies the case involves a *substantial question of law* requiring interpretation of the Constitution.
- **Civil Matters:** Appeals lie if the HC certifies the case involves a substantial question of law of general importance.
- **Criminal Matters:** Appeals lie if the HC has reversed an order of acquittal and sentenced the accused to death, or if HC certifies the case is fit for appeal.
PART II — SPECIAL & OVERARCHING POWERS
ARTICLE 143
Advisory Jurisdiction
- The **President** can refer any question of law or fact of public importance to the SC for its opinion.
- The Supreme Court *may* tender or refuse to tender its opinion. (However, for pre-Constitution treaties, it *must* tender an opinion).
- The opinion expressed by the SC is **advisory and not binding** on the President. It is not a judicial pronouncement.
ARTICLE 136 & 32
Writ & Special Leave (SLP)
- **Special Leave Petition (Art 136):** A residuary, overarching power. The SC can grant special leave to appeal against *any* judgment from *any* court/tribunal in India (except military courts).
- It is a **discretionary power**, not a right. The SC uses it sparingly for exceptional circumstances where grave injustice has occurred.
- **Writ Jurisdiction (Art 32):** Original (but not exclusive, HC shares it) jurisdiction to issue writs (Habeas Corpus, Mandamus, etc.) directly for the enforcement of **Fundamental Rights**.