JURISDICTION OF SC.pptx

Jurisdiction of sc

1. JURISDICTION OF SUPREME COURT - Harshita Jain

2. IMPORTANT POINTS Original Jurisdiction Writ Jurisdiction Election disputes Original Suits Transfer of cases Contempt proceeding Appellate Jurisdiction General Appeals Special Leave petitions Statutory Appeals Advisory Jurisdiction Power of review Curative Petitions Epistolary Jurisdiction Public Interest Litigations Important Misc. Points

3. INTRODUCTION Supreme Court: Apex Court. Custodian of Fundamental Rights. Final interpreter of the Constitution. Defender of the Rule of Law. Exercise Jurisdiction at the National Level.

4. ORIGINAL JURISDICTION Writ Jurisdiction – Article 32 Art. 32 is itself a FR. If any FR is violated, Supreme Court has power to issue orders or directions including writs. Type of Writs: Habeas Corpus: Present the Body Quo Warranto : By what warrant you hold this office Mandamus: command to an inferior court or person to perform a public or statutory duty Prohibition: Direction to a subordinate court to stop doing something that the law prohibits Certiorari: Quash the proceedings Writ under Art. 32 is issued to enforce FR. To enforce any other rights writ can be issues under Art. 139 by the Supreme Court.

5. ORIGINAL JURISDICTION Election Disputes – Article 71 The disputes or doubts in the elections of President and Vice- President shall be resolved by the Supreme Court, whose decision shall be final. If election declared to be void, decision shall not operate retrospectively. Original Suits – Article 131 Disputes between: Union v. one or more State Union and any State or States v. one or more State One or more States v. one or more States A Private individual cannot file a suit under this Article. Art. 131 is rarely used, as most of the disputes between the governments is resolved by the agreements or negotiations.

6. ORIGINAL JURISDICTION Transfer of cases – Article 139A Supreme Court has the power to transfer to itself the cases, pending before any High Court, involving substantial question of general importance. Supreme Court may also give judgment on this particular question and return it to the Court from where the case was withdrawn. Such a transfer is usually made either suo moto, or on the application of Attorney General of India or the party to the case. Supreme court also has the power to transfer cases form one High court to the other or from one subordinate court to the other (S. 25 CPC).

7. ORIGINAL JURISDICTION Contempt proceedings Supreme Court has the power to punish for its contempt as provided under Art. 129. Also the “Rules to regulate Proceedings for Contempt of Supreme Court, 1975” have been framed in exercise of the power under S. 23 of the Contempt of Courts Act, 1971 r/w Art 145.

8. APPELLATE JURISDICTION General Appeals Article 132 An appeal shall lie to the Supreme Court from any Judgement, Order or Decree of a High Court, whether in a civil, criminal or other proceedings if the High Court certifies under Art. 134A that the case involves a substantial question of law as to the i nterpretation of the Constitution. Article 134A: The High Court after passing judgment, suo moto or on an oral application of the party, may determine whether a certificate of fitness of appeal is to be given and whether the case involves a substantial question of law as to the interpretation of the Constitution.

9. APPELLATE JURISDICTION General Appeals Article 133 An appeal shall lie to the Supreme from a final order or Decree of a High Court in civil proceedings if High court certifies under Art. 134A that the case involves a substantial question of law of general importance and that it needs to be decided by the Supreme Court. However, no appeal to Supreme Court from final order of one judge of a High Court. Article 134 An appeal shall lie to the Supreme from a final order or Decree of a High Court in criminal proceedings if High court has on appeal reversed an order of acquittal into conviction , or has itself awarded a death penalty in a case, or if it grants a certificate of fitness under Art. 134A.

10. APPELLATE JURISDICTION Special Leave petitions – Article 136 An appeal may lie to Supreme Court from any order or decree or judgement passed by any court under any law ( except law relating to armed forces ). SLP is generally resorted to if the High Court does not grant certificate under Art. 134A. Statutory Appeals A number of Statutes provide for appeal to Supreme Court, for eg. : S. 35(L) of Central Excise Act, 1994 S. 116A of the Representation of the People Act, 1951 S. 130E of the Customs Act, 1962 S . 23 of Consumer Protection Act, 1986 Etc.

11. ADVISORY JURISDICTION – ARTICLE 143 If it appears to the President that a question of law or fact of public importance has arisen and that it is expedient to obtain the opinion, he may refer the question to Supreme Court. However, the Supreme Court may respectfully decline to give advice, unless the the question relates to Art. 131 (original Jurisdiction). POWER OF REVIEW – ARTICLE 137 Supreme court has the power to review any judgment or order made by it. EPISTOLARY JURISDICTION Supreme Court has the power to convert any letter addressed to itself by anybody into a writ and head the matter.

12. CURATIVE PETITIONS Ruppa Ashok Hurra v Ashok Hurra (2002 SC) The Supreme court has the power to reconsider the final orders passed by it even after the dismissal of the review petition, on limited grounds, under its inherent powers to do complete justice. PUBLIC INTEREST LITIGATION General rule of locus standi is relaxed in the matters of public interest, where anyone can move to the court for the disadvantaged or ignorant group to seek legal remedy for the latter. Concept of PIL was introduced to do complete justice.

13. MISC. POINTS Enlargement of the jurisdiction – Article 138 Supreme Court shall have further jurisdiction and powers with respect to the matters in the Union List, also the Union or the State Governments may confer additional jurisdiction on the Supreme Court. Ancillary powers – Article 140 Parliament may confer supplemental powers to Supreme Court so as to enable it to exercise its jurisdiction more effectively. Stare Decisis – Article 141 Law declared by Supreme Court to be binding on all courts Complete justice – Article 142 Supreme Court may pass any order or decree s is necessary for doing complete justice. Article 144 All authorities, civil and judicial, in India shall act in aid of the Supreme Court. Rule making power- Article 145 Supreme Court may, with the approval of the President, make rules for regulating its practice and procedure.

14. THANK YOU