⚖️ JURISDICTION AND POWERS OF THE SUPREME COURT OF INDIA – PART 01

1. Introduction: The Apex Guardian of the Constitution

The Supreme Court of India (SCI), inaugurated on January 28, 1950, stands at the apex of the integrated judicial system. It is the final court of appeal, the highest interpreter of the Constitution, and the guardian of the Fundamental Rights of the citizens. Its structure, independence, and powers are enshrined primarily in Part V, Chapter IV of the Constitution (Articles 124-147).

The Four Pillars of SC’s Power

The Supreme Court is unique among apex courts globally due to the sheer breadth of its powers. These can be broadly classified into four major categories:

1. Original Jurisdiction (Art. 131)
2. Writ Jurisdiction (Art. 32)
3. Appellate Jurisdiction (Arts. 132, 133, 134, 136)
4. Advisory Jurisdiction (Art. 143)

2. Historical and Constitutional Background

A. Pre-Constitutional Roots: The Federal Court of India (1937)

The Government of India Act, 1935 established the Federal Court of India, which served as a precursor to the Supreme Court.

• Federal Court's Role: It possessed Original Jurisdiction for disputes between the Centre and Units, and a limited Appellate Jurisdiction in constitutional matters.
• Limitation: It was not the final court of appeal; appeals still lay to the Privy Council in London.
• Key Shift: The Constituent Assembly debates ensured that the new Supreme Court would be the final court of appeal, ending the colonial practice of appealing to the Privy Council, thus securing the judicial sovereignty of independent India.

B. Constituent Assembly Debates (CAD) & The Intent

The framers debated extensively over the scope of the SC’s powers, often balancing the need for a strong central judiciary with fears of potential judicial overreach.

3. The Core Jurisdictions

3.1. Original Jurisdiction (Article 131)

This jurisdiction allows the Supreme Court to hear disputes in the first instance, meaning no other court can entertain such cases. It acts purely as a Federal Court.

A. Scope: Exclusive Jurisdiction

Article 131 grants exclusive Original Jurisdiction to the Supreme Court in any dispute:

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

The dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends. This excludes political disputes or any dispute not affecting a legal right.

B. Exclusions (Matters outside Art. 131)

1. Disputes arising out of any treaty, agreement, covenant, or similar instrument executed before the commencement of the Constitution and which is still operative.
2. Inter-State water disputes, which are dealt with by a separate mechanism (Inter-State Water Disputes Act, 1956).
3. Matters referred to the Finance Commission.
4. Suits brought by private citizens against the Centre or a State.

C. Landmark Judicial Application

• State of West Bengal v. Union of India (1962): West Bengal challenged the constitutionality of a Central Act related to coal-bearing areas. The SC entertained the petition under Article 131, confirming that the dispute need not necessarily be about legislative competence, but can be about the legal rights of the State against the Union.
• The spirit of Art. 131 and Federal Disputes: While the actual S.R. Bommai v. Union of India (1994) case was a petition under Article 32 (writ jurisdiction), its pronouncements on the judicial review of the President's rule (Article 356) are pivotal in safeguarding federalism, thereby acting as a critical check on federal power, which is the underlying purpose of Article 131's existence.

3.2. Writ Jurisdiction (Article 32)

Article 32 is a Fundamental Right itself, guaranteeing every citizen the right to move the Supreme Court for the enforcement of the Fundamental Rights (Part III).

A. Scope: Original but NOT Exclusive

• Original: The aggrieved person can directly approach the Supreme Court without going to a High Court first.
• Not Exclusive: High Courts also possess the power to issue writs under Article 226.

B. Writs Issued (Five Types)

The Supreme Court is empowered to issue directions, orders, or writs, including:

C. Comparative Advantage (SC vs. HC)

Key Takeaway (Judicial Review under Art. 32): The power of the Supreme Court to declare a law or executive action unconstitutional if it violates Fundamental Rights forms the basis of Judicial Review. This power is inherently derived from Articles 13, 32, and 131.

3.3. Advisory Jurisdiction (Article 143)

This is a unique non-adjudicatory power of the Supreme Court, allowing the President of India to refer matters of public importance to the Court for its opinion.

A. Provisions

Article 143 is divided into two clauses, dictating the Court’s obligation:

B. Binding Nature

• On the President: The opinion given by the Supreme Court is only advisory and is not binding on the President.
• On Subordinate Courts: The opinion is not considered "law declared by the Supreme Court" under Article 141, and hence is not legally binding on lower courts. However, given its authoritative nature, it carries great persuasive value.

C. Landmark References

• In Re: Berubari Union (1960): First major reference, concerning the Parliament’s power to transfer Indian territory to a foreign country (Pakistan). The SC opined that Parliament could not cede territory merely by ordinary law, necessitating the 9th Constitutional Amendment.
• In Re: Special Courts Bill (1978): Asked about the constitutional validity of a special court to try certain offences committed during the Emergency.
• In Re: Ayodhya Dispute (1993): The SC refused to answer the reference on whether a temple existed prior to the mosque construction, holding the question was vague, hypothetical, and outside the judicial function of advisory jurisdiction.

4. Extraordinary and Ancillary Powers (Judicial Innovation)

Beyond the main jurisdictions, the Supreme Court possesses certain extraordinary and ancillary powers crucial to its role as the final arbiter of justice.

4.1. Special Leave Petition (SLP) – Article 136

This is the most potent, discretionary, and residuary power of the SC, establishing its position as the ultimate authority.

• Power: The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal (except military tribunals) in the territory of India.
• Nature: It is a special, exceptional power that turns the SC into a 'Super Appellate Court', allowing it to interfere even when no appeal is provided for by law, in cases where there has been a gross miscarriage of justice or a substantial question of law is involved.
• Significance: It serves as a safety valve against judicial errors in any court or tribunal, ensuring complete justice is available to the citizens.

4.2. Power to do ‘Complete Justice’ – Article 142

Article 142 is one of the most debated and discussed provisions, giving the SC virtually unlimited remedial power.

• Text: "The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it..."
• Interpretation: This power allows the Supreme Court to go beyond statutory limitations or procedural law to secure justice. The use of this power is meant for the rarest of rare cases.
• Landmark Applications:
  • Bhopal Gas Tragedy (Union Carbide Corporation v. Union of India, 1991): The SC used Article 142 to provide immediate financial relief to the victims, overriding statutory provisions.
  • Irretrievable Breakdown of Marriage (2023): The SC, bypassing the six-month waiting period prescribed under the Hindu Marriage Act, used Art 142 to grant divorce directly, holding that forcing parties to undergo a pointless ceremony was a miscarriage of justice.
• Criticism (The "Nuclear Missile" Debate): Critics argue that excessive use of Article 142 can lead to judicial overreach and the creation of law de hors (outside of) legislative intent, thereby violating the separation of powers. The SC, however, has held that Art 142 cannot be used to supplant substantive law, but only to supplement it in the interest of justice (Supreme Court Bar Association v. Union of India, 1998).

4.3. Review Petition (Article 137) and Curative Petition

Article 137 provides a self-corrective mechanism to ensure judicial integrity.

4.4. Court of Record (Article 129)

• The Supreme Court is a Court of Record.
• Implications: Its judgments and proceedings are recorded for perpetual memory and testimony. They are authoritative and cannot be questioned in any subordinate court.
• Contempt Power: It has the power to punish for contempt of itself (civil or criminal), a necessary power to uphold its dignity and authority.

5. Conceptual Visuals and Article Mapping

Flowchart: Path to the Supreme Court (Appellate/Extraordinary)

Table: Mapping Key Articles (Part V, Chapter IV)

6. Practice Questions & Answers

✅ Multiple-Choice Questions (MCQs)

Q.1. The power of the Supreme Court of India to decide a dispute between the Government of India and one or more States falls under:

(a) Advisory Jurisdiction (b) Appellate Jurisdiction (c) Exclusive Original Jurisdiction (d) Writ Jurisdiction

Q.2. Which of the following statements regarding the Supreme Court's Writ Jurisdiction (Art. 32) and the High Court's Writ Jurisdiction (Art. 226) is/are correct?

1. The High Court can issue writs for the enforcement of Fundamental Rights as well as for 'any other purpose,' while the Supreme Court's power is restricted to Fundamental Rights only.
2. The Supreme Court can refuse to exercise its writ jurisdiction if an alternate remedy is available, while the High Court cannot.
3. A writ of Certiorari can be issued by the Supreme Court to quash a quasi-judicial order passed by the High Court in certain cases.

(a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2, and 3

Q.3. The concept of the 'Curative Petition' was evolved by the Supreme Court of India in which landmark case?

(a) Kesavananda Bharati v. State of Kerala (1973) (b) S.R. Bommai v. Union of India (1994) (c) Rupa Ashok Hurra v. Ashok Hurra (2002) (d) Minerva Mills v. Union of India (1980)

🔍 Scenario-Based Question

Q.4. The President of India is contemplating a new treaty with a neighbouring country which requires Parliament to cede a small piece of Indian territory. Before proceeding, the President wants to ensure the constitutional legality of the process.

• Which specific power/jurisdiction of the Supreme Court should the President invoke for this purpose?
• Is the Supreme Court's response binding on the President, and what earlier historical reference guides this?

Q.5. A High Court has given a final judgment in a criminal case that involves a complex constitutional question regarding the separation of powers. The High Court has refused to grant a certificate of appeal under Article 134A. What is the final, non-ordinary judicial recourse available to the aggrieved party to reach the Supreme Court?

Detailed Answer Explanations

A.1. (c) Exclusive Original Jurisdiction.

• Explanation: Article 131 deals with disputes of a federal character, i.e., between the units of the federation (Union and States, or State vs. State). The jurisdiction is exclusive, meaning no other court, including a High Court, can hear such a dispute in the first instance.

A.2. (a) 1 only.

• Explanation:
  • Statement 1 (Correct): High Courts (Art. 226) have a broader scope (Fundamental Rights + legal rights), while the SC (Art. 32) is limited to Fundamental Rights.
  • Statement 2 (Incorrect): This is reversed. The SC cannot refuse a writ petition for FR enforcement (Art. 32 is a FR), while the HC has discretion and can refuse if an alternate remedy exists.
  • Statement 3 (Incorrect): A writ of Certiorari is issued by a higher court to a lower court/tribunal to quash a decision. The Supreme Court cannot generally issue a Certiorari to quash an order of a High Court, which is not judicially subordinate to the SC in that manner. Appeals against HC orders are handled under Appellate Jurisdiction (Arts. 132-136).

A.3. (c) Rupa Ashok Hurra v. Ashok Hurra (2002).

• Explanation: This case established the Curative Petition as the final step in the judicial process, available after a Review Petition has been dismissed, based on the principle of 'actus curiae neminem gravabit' (an act of the court shall prejudice no one), to correct a gross miscarriage of justice.

A.4. Scenario-Based Answer

• Specific Power: The President should invoke the Advisory Jurisdiction under Article 143(1). The question of whether Parliament has the power to cede territory is a question of law of public importance.
• Binding Nature: The opinion is NOT binding on the President. The historical reference is the In Re: Berubari Union (1960) case, where the SC’s opinion that a Constitutional Amendment was necessary was respected and followed, but the opinion itself was legally non-binding.

A.5. Scenario-Based Answer

• Recourse: The aggrieved party's final recourse is a Special Leave Petition (SLP) under Article 136 of the Constitution.
• Reasoning: SLP is a residuary power of the Supreme Court that does not require a certificate from the High Court. It allows the SC to, in its discretion, grant leave to appeal from any court or tribunal decision when there is a 'substantial question of law' or a 'grave miscarriage of justice', thereby bypassing the High Court’s refusal to grant a certificate.

Recommended Books

You can explore these highly recommended resources for a deeper understanding.

• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
• Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
• Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE