⚖️ The Supreme Court of India: Jurisdiction, Constitutional Doctrines, and Advocates – A Comprehensive Study

Target Audience: UPSC Aspirants, State PCS Candidates, Law & Political Science Students, Academic Researchers.

I. Introduction: The Apex Guardian of the Constitution

The Supreme Court of India (SCI), established on January 26, 1950, stands at the apex of the Indian judicial system. Its creation, under Part V, Chapter IV of the Constitution (Articles 124 to 147), was envisioned by the Constituent Assembly as a powerful and independent organ—a federal court, a guardian of the Constitution, and the final court of appeal.

Its powers are not merely hierarchical; they are plenary, extraordinary, and innovative, allowing it to shape the socio-political landscape of the country through judicial pronouncements and the evolution of unique constitutional doctrines. The foundational principles of Judicial Review, Rule of Law, and Constitutional Supremacy all converge at the Supreme Court.

II. Jurisdictions of the Supreme Court (Articles 131–143)

The Constitution explicitly defines the scope of the Supreme Court's authority through several distinct categories of jurisdiction, making it one of the most powerful apex courts globally.

A. Original Jurisdiction (Article 131)

This jurisdiction is Exclusive and Original. It means that no other court can hear these disputes, and the Supreme Court hears them in the first instance.

B. Writ Jurisdiction (Article 32)

• Nature: Original but Not Exclusive (High Courts also have this under Article 226).
• Purpose: The SC is empowered to issue writs (Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, and Certiorari) for the enforcement of Fundamental Rights only.
• Significance: Dr. B.R. Ambedkar called Article 32 the "very soul of the Constitution and the very heart of it."
• Comparison with HC (Article 226): The SC's writ jurisdiction is narrower than that of the High Court, as the High Court can issue writs not just for Fundamental Rights but also for the enforcement of any legal right (for "any other purpose").

C. Appellate Jurisdiction (Articles 132, 133, 134, 136)

The Supreme Court is the final court of appeal, hearing appeals from High Courts and other tribunals across the country.

D. Advisory Jurisdiction (Article 143)

The President of India can refer two categories of matters to the Supreme Court for its opinion:

1. Any question of law or fact of public importance. (The SC may or may not tender its advice).
2. Dispute arising out of any pre-Constitution treaty, agreement, etc. (The SC must tender its advice).

Note: The advice tendered by the Supreme Court is only advisory and not binding on the President.

III. Auxiliary Powers and the Enforcer of Justice

Beyond its defined jurisdictions, the Constitution vests the Supreme Court with inherent powers that ensure its supremacy and efficacy as the ultimate judicial authority.

A. Court of Record (Article 129)

The Supreme Court is a Court of Record, which entails two key powers:

1. The judgments, proceedings, and acts of the Supreme Court are recorded and preserved for perpetual memory and testimony. These records are treated as legal precedents and cannot be questioned in any subordinate court.
2. It has the power to punish for contempt of itself and contempt of any court or tribunal in the country.

B. Power of Review (Article 137)

The Supreme Court has the power to review its own judgment or order. This self-correcting mechanism ensures that justice is not sacrificed for technical finality, allowing the Court to rectify a "mistake or error apparent on the face of the record."

C. Enforcement of Decrees and Orders (Article 142)

This is one of the most unique and expansive powers, enabling the SC to act as a court of "complete justice."

• Provision: The Supreme Court may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
• Implication: This power allows the Court to step outside traditional legal boundaries and executive/legislative limits to ensure equity and justice, often invoked to create necessary legal safeguards or fill legislative voids (e.g., in environmental protection, judicial appointments, or women’s safety like the Vishakha Guidelines).

D. Judicial Review (Articles 13, 32, 131, 246)

Judicial Review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State Governments.

IV. Constitutional Doctrines: Pillars of Judicial Interpretation

The Supreme Court has employed and evolved several unique doctrines to interpret the Constitution, especially concerning the Fundamental Rights (Part III) and the distribution of legislative powers (Part XI).

A. The Doctrine of Basic Structure (Kesavananda Bharati v. State of Kerala, 1973)

The Basic Structure Doctrine is the judiciary’s biggest innovation and the cornerstone of Indian constitutionalism.

• Concept: It states that while the Parliament has the power to amend the Constitution (Article 368), it cannot alter, abrogate, or destroy the basic structure or framework of the Constitution.
• Evolution: The doctrine resolved the decades-long conflict between the Parliament's power to amend and the Fundamental Rights of citizens.
  • Initial Stand (Shankari Prasad, 1951; Golaknath, 1967): Initial judgments went back and forth on whether Fundamental Rights could be amended.
  • The Final Verdict (Kesavananda Bharati, 1973): A 13-judge bench, by a narrow 7:6 majority, propounded the doctrine, holding that the amending power under Article 368 is not unlimited.
• Key Elements (Non-Exhaustive List):
  • Supremacy of the Constitution
  • Sovereign, Democratic, and Republican nature of the Indian polity
  • Secular and Federal character of the Constitution
  • Separation of Powers between the legislature, executive, and judiciary
  • Judicial Review (affirmed in L. Chandra Kumar v. Union of India, 1997)
  • Harmony and Balance between Fundamental Rights and Directive Principles (Minerva Mills v. Union of India, 1980)

B. Doctrine of Pith and Substance (Legislative Competence)

This doctrine is crucial for resolving conflicts between the legislative powers of the Union and the States, particularly concerning overlapping entries in the Seventh Schedule.

• Concept: 'Pith' means the essence or core, and 'Substance' means the true nature. The doctrine mandates that if the true essence or predominant purpose of a law falls within the competence of the enacting legislature, the law is valid—even if it incidentally encroaches upon the subject matter of another legislature.
• Constitutional Basis: Applied to interpret the Lists under Article 246 and the Seventh Schedule.
• Landmark Case: State of Bombay v. F.N. Balsara (1951) – The Bombay Prohibition Act, whose "pith and substance" was public health (State List), was upheld despite incidentally affecting import and export (Union List).

C. Doctrine of Severability (Article 13)

Also known as the Doctrine of Separability, it is a tool for the protection of Fundamental Rights.

• Concept: When a law is challenged, the courts apply this doctrine to determine whether the unconstitutional part (which is inconsistent with Fundamental Rights) can be separated from the rest of the law.
• Outcome: If the invalid part is separable, only that part is declared void, and the remainder of the law stands. If the invalid part is so intrinsic to the law's operation that it cannot be separated, the entire law is struck down.
• Landmark Case: A.K. Gopalan v. State of Madras (1950) – The SC held that only the conflicting part of a law is void, not the whole law, advocating for the preservation of as much of the law as possible.

D. Other Key Doctrines

V. Advocates: The Engine of Justice in the Apex Court

The practice of law before the Supreme Court is strictly regulated to maintain the dignity and efficiency of the highest court. The legal professionals are governed by the Advocates Act, 1961, and the Supreme Court Rules, 2013 (particularly Order IV).

A. Categories of Advocates

All advocates are first registered with a State Bar Council under the Advocates Act, 1961. However, to operate fully in the Supreme Court, a distinction exists:

B. Significance of the AOR System

The AOR system is unique to the Supreme Court and acts as a filter to ensure that only lawyers with adequate knowledge of the court’s practice, procedure, and constitutional law can manage the process of filing. This helps in maintaining the smooth, high-calibre functioning of the apex court, where constitutional matters are often at stake.

VI. Comparative Analysis: SCI vs. US Supreme Court

A brief comparison highlights the unique nature of the Indian Supreme Court.

VII. Practice Questions & Advanced Learning

✅ Multiple-Choice Questions (MCQs)

Q1. Which of the following is an aspect of the Supreme Court's Original and Exclusive Jurisdiction?

(A) Enforcement of Fundamental Rights under Article 32. (B) Hearing an appeal in a civil matter certified by a High Court. (C) Deciding a dispute between the Government of India and the State of Karnataka. (D) Tendering advice on a question of law referred by the President.

Answer & Explanation: C. The Original Exclusive Jurisdiction (Article 131) is limited to disputes between different units of the Indian Federation (Centre vs. States, State vs. State). (A) is Original but Not Exclusive. (B) is Appellate. (D) is Advisory.

Q2. The Doctrine of Pith and Substance is primarily used to address the issues related to:

(A) The Parliament's power to amend the Fundamental Rights. (B) Conflicts of legislative competence between the Union and State governments. (C) The separability of an unconstitutional part of a pre-Constitutional law. (D) The interpretation of a contract in a civil suit.

Answer & Explanation: B. The Doctrine of Pith and Substance is a principle of federalism used to determine the true nature of a law when it appears to encroach on another legislature's domain, thereby resolving conflicts in legislative competence under Article 246 and the Seventh Schedule.

Q3. In the context of the Supreme Court of India, which statement about an Advocate-on-Record (AOR) is correct?

(A) They are designated by the Supreme Court based on their eminence and experience. (B) They can argue a case but cannot file a petition or Vakalatnama. (C) Only an AOR is entitled to file a matter or document on behalf of a party in the Supreme Court. (D) They are mandatory for a Senior Advocate's appearance in any court in India.

Answer & Explanation: C. The AOR has the exclusive privilege to file documents/matters. (A) describes Senior Advocates. (B) describes 'Other Advocates'. (D) is incorrect; the mandatory AOR requirement is specific to the Supreme Court.

🔍 Scenario-Based Question

Scenario: The Parliament passes the 'National Education and Health Service Act', claiming it falls under the Concurrent List (List III). However, several State Governments argue that the Act’s primary provisions regulating medical colleges fundamentally encroach upon the subject of 'Public Health and Hospitals', which is a State List (List II) subject, thereby violating the federal structure.

Question: Which judicial doctrine will the Supreme Court primarily invoke to resolve this constitutional dispute, and what would be the judicial test it applies?

Answer:

1. Primary Doctrine: The Doctrine of Pith and Substance.
2. Judicial Test Applied: The Supreme Court will examine the 'true nature and character' or the 'essence' of the National Education and Health Service Act.
3. Application:
   • The Court will look beyond the title and incidental effects (like a small aspect of 'Education' from the Concurrent List).
   • It will ascertain the dominant object and main purpose of the legislation.
   • If the court finds that the real purpose is, in fact, the regulation of medical colleges and public health (a State Subject, List II), and the encroachment on the Concurrent List is merely 'incidental', it may strike down the Central Act for lack of legislative competence (or vice versa, if the primary purpose is genuinely within the Union/Concurrent List). This is to maintain the constitutional balance of powers.

🔄 Chronology Exercise

Match the Landmark Case to the Doctrine/Concept it established:

Matching Key: A-2, B-3, C-4, D-1

🔑 Conclusion: The Indispensable Role

The Supreme Court of India's multi-faceted powers—spanning from its Exclusive Original Jurisdiction to resolve federal disputes, its pivotal role as the final appellate authority, its advisory function, and its expansive power to do 'Complete Justice' under Article 142—cement its position as the ultimate custodian of the Constitution. The evolution of judicial innovations like the Basic Structure Doctrine has been fundamental in ensuring that the spirit of the Constitution, including the principles of democracy, secularism, and rule of law, remains inviolable. Together with a highly specialized legal fraternity, including the unique Advocates-on-Record, the Supreme Court acts as the vital guarantor of individual liberty and the essential balancer in India's complex quasi-federal structure.

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