#245: SC Jurisdiction w/ Articles
Revise with Current Affairs & Constitution!
‘Supreme’ Court is so called for a reason!
The powers bestowed in the ‘protector’ of Indian Constitution enlisted below with current affairs examples!
1. Contempt & Court of Record (129)
SC shall be Court of Record. This implies
All its decisions shall be kept as record of law for the lower courts
In case of its contempt, SC can punish the offender
eg: Prashant Bhushan was fined ₹1/- for defamatory tweets
2. Original Jurisdiction (Article 131)
SC has exclusive jurisdiction to hear any dispute between
Govt. of India & one or more states
Govt. of India & any state(s) on one side and one or more states on the other
Exclusive jurisdiction implies no other court can entertain such disputes
eg: Kerala Govt. went SC against GoI in CAA case u/A 131 & 256
3. Appellate Jurisdiction (Article 132-133-134)
Indian SC is highest court of appeal in various cases from the High Court(s)
Article 132: In certain cases from High Courts, HC certification may lead to SC granting special leave to appeal
Article 133: SC to hear HC cases in civil matters if:
Case involves question of law of general importance
HC believes that SC should decide the question
Article 134: SC to hear HC cases in criminal matters if HC:
certifies that case is fit for appeal to SC
reverses order of acquittal of accused person & sentences them to death
withdraws case from subordinate court to its authority while convicting or sentencing the accused to death
eg: Any appeal against the death sentence from lower court(s) reach SC
4. Special Leave to Appeal (SLA) (Article 136)
SC’s discretionary power to grand SLA from any judgement, decree, determination, sentence or order in any case or matter. Such matters can be passed by any court, tribunal or authority in the Indian territory.
It’s so done to ensure SC intervention in the cases where substantial/grave injustice has been done.
5. Advisory Jurisdiction (Article 143)
President may seek SC opinion on certain questions of law that are of public importance
It’s advisory, only. Not binding on the President
No suo-moto advise to be yielded, only given when the President asks for it!
eg: Ismail Fauqui v/s Union of India
President asked court’s opinion if there was a temple at site of Babari Masjid
Court held that President must provide apt reasons for seeking court’s opinion
6. Writ Jurisdiction (Article 32) & (Article 139)
SC has power to issue the writs for enforcement of the Fundamental Rights
The writs are: MPC-HQ
Mandamus (We Command)
i.e SC commanding subordinates to perform a duty
It’s a writ demanding activity
Prohibition
SC prohibits lower court(s), tribunal(s) & other quasi-judicial bodies to do something beyond their authority
It’s a write demanding inactivity
Certiorari (We wish to be made more certain)
Legal mechanism allowing SC to review lower court
Literal meaning: to be certified
It is supervisory not directive
no popular example in the recent times
Habeas Corpus (you should have the body)
Court order to present the body
Based on the details, court decides if one’s imprisonment is lawful or not
Helps in freeing those who are wrongfully convicted
eg: An MP filed the writ seeking Mr. Farukh Abdullah during A370 abrogation
Quo Warranto (by what warrant/authority)
Challenges a person’s right to hold a public/corporate office
eg: If you think a fake TT is fining you in train, you can go to SC u/A 32 with writ of quo warranto
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