JURISDICTION

 ADVISORY

JURISDICTION

(Article 143)

As the highest court in the country, the Supreme Court can be consulted by the President on certain issues, if the President feels that an important legal question or fact of public interest has come to him he can ask the Supreme Court for its advice.  The Supreme Court in such cases would consider it and give its opinion to the President, but such an opinion is not binding on the President.

APPELLATE JURISDICTION

(Articles 132 (1), 133 (1) or 134)

Three type of appeals can be made to the Supreme Court, these are as follows:

• There can be an appeal against any decision or order of a High Court giving a certificate that it involves some question of interpretation of the Constitution.

• There can be an appeal against civil cases decided by a High Court,if the High Court gives a certificate that the case involves a substantial question of law.

• In respect of criminal cases too there can be an appeal to the Supreme Court.  If a High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or if by withdrawing a case from the lower court to itself it has sentenced a person to death, one can go for an appeal to Supreme Court.

Review Jurisdiction

(Article 137)

The Supreme Court can review any judgement given by itself.  The Supreme Court is also given the power under our Constitution to transfer a case that is being decided in any court and bring it to itself.  If it feels that an important question of law is involved, Parliament can confer on the Supreme Court more powers by passing a law.

Election Jurisdiction

The Supreme Court has an obligation to decide on the disputes regarding the election of the President and the Vice-President.

Court of Record (Article 129)

All the decisions and proceedings of the Supreme Court are kept as records and are quoted as precedents in the court.  The court can punish for its own contempt, if any one does not abide by its decision.  So, the Supreme Court is called a ‘Court of Record’.

Power of Judicial Review

The Supreme Court has power to make Judicial review of constitutionality of legislative enactments and executive orders of both centre and state.  If the orders are found violative,  they can be declared null and void.

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