Powers and Functions of the Supreme Court:
1. Original Jurisdiction: Original Jurisdiction means the Power to Hear and determine a
Dispute in the first instance. Under this Jurisdiction cases can be directly considered by the
Supreme Court without going to the Lower courts. Original jurisdiction of the Supreme Court
extends to disputes between;
The government of India and One or More states.
The government of India and One or More states on One side and One or More states
on the Other
Among Two or More states
This point shows that cases involving Federal Relations go directly to the Supreme Court. So
the Original jurisdiction establishes the Supreme Court as an Umpire in all disputes Regarding Federal matters. Article 131 of Indian constitution confers the Original jurisdiction upon the
Supreme Court to resolve such cases.
2. Appellate Jurisdiction: The Supreme court acts as the highest court of Appeal in India.
Appellate jurisdiction means the Power and Jurisdiction of the Supreme Court to entertain
appeals against the decisions of the Lower courts including High courts. A person can make
appeal to the Supreme Court against the decisions of the High court when he feels proper justice
is not done to him. The appellate jurisdiction of the Supreme court, can be is divided into the
following four heads; a. Constitutional matters b. Civil matters c. Criminal matters d. Appeal
by special leave
a. The Supreme Court hears appeals over on the matters involving a Substantial Question
as to the interpretation of the Constitution.
b. In Civil matters, the Supreme Court hears appeals on the basis of a Certificate of the
High court. Originally only those Civil matters involving of Rs. 20,000/- could be
appealed before the Supreme Court.
c. In Criminal matters, the Supreme Court hears appeals on any Judgement, whether they
are in the form of final Order or Sentence of the High court.
d. The Supreme Court has Discretionary power to grant Special leave of appeal from any
judgment in any matter passed by any Court or Tribunal in the country.
3. Advisory Jurisdiction: The Supreme Court of India has some Advisory jurisdiction. They
are provided in Article 143 of the Constitution. The President may seek the opinion of the
Supreme Court on any question of Law Public importance. The President may also seek the
opinion of the Supreme court on any Treaty and Agreement that had been entered into or
executed before the commencement of the Constitution, and has continued in operation
thereafter. These are excluded by Article 131. However, the Supreme Court is not bound to
render advice on such matters and the President is not bound to accept such an advice.
4. Court of Record: According to Article 141, the Supreme Court acts as the Court of Record.
Being the Highest court of the Land, its Proceedings, Acts and Judgments are kept in Record
for Perpetual Memory and Further Verification and Reference. All the Judgments and Judicial
proceedings of the Supreme Court shall be 10 treated as a Model and Guide to all other courts
ii hearing similar cases in future. They can‟t be questioned for their Authenticity in any court
of Law. As stated by Dr. B.R.Ambedkar, “The Court of Record is a court whose decisions and
proceedings have Legal value and is recognised as Legal Precedent and Legal Reference”. 5. Writ Jurisdiction: The word „Writ‟ Literally means ‘Order’ in written form. Article 32 of
our constitution confers authority upon the Supreme Court, to issue a Constitutional writ for
the enforcement of Fundamental Rights of the citizens. Any person, who’s fundamental Rights
have been violated, can directly move the Supreme court for Remedy. The Supreme Court
issues Habeas corpus, Mandamus, Prohibition, Quo -Warranto and Certiorari for enforcing the
Fundamental rights.
Other Powers: Besides the above, the Supreme Court has numerous other powers:
1. The Supreme Court acts as a Custodian of the fundamental Rights of Indian citizens.
2. It is the ultimate Interpreter of the constitution.
3. It formulates Rules necessary for Proper maintenance of Records and also for the
Purpose of practice by the advocates in the country.
4. The Chief justice of the Supreme Court acts as the President of India for a Temporary
period under certain Special circumstances.
5. The Supreme court, on the Orders of the President, Enquires on the conduct and
behaviour of the chairman members of U.P.P.S.C and S.P.S.Cs.
6. It hears Election disputes of the President and the Vice-president of India.
7. The Supreme court at time provide Guidelines to the Election commission of India.
0 Comments