The Supreme Court, being the apex court in the judicial system, upholder of the supremacy of law and guardian of the constitution, has been conferred with a wide range of powers by the constitution.  The powers and jurisdiction of the Supreme Court can be divided into the following categories-

Jurisdiction and Powers of the Supreme Court: Understanding Original Jurisdiction

The Supreme Court is the Federal Court of India wherein it resolves disputes between federal constituents. According to Article 131, the supreme court possesses original and exclusive jurisdiction in disputes involving:

• between the Government of India and one or more states; or 
• between the Government of India and any state or states on one side and other states on the other. 
• between two or more States.

What is Original Jurisdiction?

• In the aforementioned matters, the supreme court’s jurisdiction is defined as follows:
  • Original: Cases can be raised directly in the SC without going to the lower courts; and 
  • Exclusive: It cannot be addressed by any other courts in India. 
• Extent of Original Jurisdiction: This jurisdiction extends as far as the dispute includes any legal rights question (be it of law or fact). 
  • Limitation Under Article 131: Additionally, Article 131 specifies that the original jurisdiction does not encompass disputes stemming from any treaties, agreements, covenants, engagements, or similar documents signed prior to the constitution’s commencement.
• No private citizen’s lawsuit against the Centre or a state can be entertained under this jurisdiction of the Supreme Court.
• Other cases where this jurisdiction does not extend include-
  • Inter-state water dispute.
  • Matters referred to the Finance Commission.
  • Adjustment of various expenses and pensions between the Centre and the states. 
  • Ordinary commercial disputes between the Centre and the states. 
  • Recovery of damages by a state from the Centre.

Jurisdiction and Powers of the Supreme Court in Appellate Jurisdiction

Articles 132 to 134 mentions the appellate jurisdiction of the Supreme Court in the following manner:

• Appellate jurisdiction in Constitutional matters: Article 132 outlines the Supreme Court’s appellate jurisdiction in appeals from High Courts under specific circumstances:
  • If the High Court certifies under Article 134A that the case involves a substantial question of law regarding the interpretation of the Constitution. 
  • Parties in the case may appeal to the Supreme Court if they believe such a question has been incorrectly decided by the High Court.
• Appellate jurisdiction in Civil Matters: Article 133 pertains to the Supreme Court’s appellate jurisdiction in regards to civil matters. It states that an appeal may be made to the Supreme Court from any judgement, decree, or final order in a civil proceeding of a High Court in India, provided the High Court certifies under the following conditions (Article 134A):
  • that the case involves a significant question of law of general importance; and 
  • that the High Court believes this question should be resolved by the Supreme Court.
• Appellate jurisdiction in Criminal matters: Article 134 establishes the Supreme Court’s appellate jurisdiction in criminal matters:
  • If a High Court reverses an order of acquittal and sentences the accused to death; or 
  • If a High Court has taken a case from a subordinate court for trial and convicts the accused, sentencing them to death; or 
  • If the High Court certifies under Article 134A that the case qualifies for appeal to the Supreme Court.

In the first two situations, an appeal to the Supreme Court is a matter of right (i.e., without needing the High Court’s certificate). However, if the High Court has overturned a conviction and acquitted the accused, there is no appeal right to the Supreme Court.

• Extending Appellate Jurisdiction: Article 134 (2) further states that Parliament may, by law, grant the Supreme Court any additional powers to consider and hear appeals from any judgement, final order, or sentence in a High Court’s criminal proceedings within India, according to the conditions and limitations specified in that law.
  • Thus, Parliament has expanded the Criminal Appellate Jurisdiction of the Supreme Court. Consequently, an appeal can be made to the Supreme Court from a High Court’s judgement if the High Court:
    • has, on appeal, reversed an order of acquittal and sentenced the accused to life imprisonment or ten years; 
    • has taken a case from any subordinate court and convicted the accused, sentencing them to life imprisonment or for ten years.
• Appeal by Special Leave: Article 136 provides for appeals by Special Leave. It states that the Supreme Court may, at its discretion, grant special leave to appeal against any judgement, decree, determination, sentence, or order in any cause or matter issued by any court or tribunal within India. 

Advisory Jurisdiction and Powers of the Supreme Court

Article 143 confers advisory jurisdiction to the Supreme Court. It allows the president to seek the opinion of the Supreme Court in the two categories of matters:

• On any matter of law or fact of public significance that has emerged or may emerge.
  • Here, the Supreme Court may tender or may refuse to tender its opinion to the President.
• On any conflict arising from any pre-constitution treaty, agreement, covenant, engagement, sanad, or similar documents.
  • Here, the Supreme Court ‘must’ tender its opinion to the President. 

In both instances, the views expressed by the Supreme Court are merely advisory and not a judicial ruling. Hence, it is not binding on the president; he may or may not follow the opinion.

Writ Jurisdiction and Powers of the Supreme Court

Article 139 states that Parliament may, through legislation, grant the Supreme Court the authority to issue directions, orders, or writs, including those similar to habeas corpus, mandamus, prohibition, quo warranto, and certiorari, or any of them for purposes other than enforcing fundamental rights.

About Writ Jurisdiction of the Supreme Court

• It is original but not Exclusive: The writ jurisdiction of the Supreme Court is not exclusive; High Courts also have the authority to issue writs for the enforcement of Fundamental Rights. 
  • Thus, in case of violation of fundamental rights, citizens can approach either the High Court or directly the Supreme Court.
• It is Limited: Writ jurisdiction of High Courts is wider than the Supreme court. The Supreme Court can issue writs solely for the enforcement of Fundamental Rights and not for other reasons
  • On the other hand, the High Court can issue writs not only for the enforcement of fundamental rights but also for other purposes.
• It is Expandable: As mentioned earlier, the Parliament can confer on the Supreme Court the power to issue writs for other purposes also.