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Supreme Court Jurisdiction



Topic 02 of 6 · Chapter 10 · Indian Polity

Supreme Court — Jurisdiction & Powers

Original, appellate, advisory, writ, and review jurisdiction of the Supreme Court of India.

📋 In This Article

  1. Original Jurisdiction (Article 131)
  2. Appellate Jurisdiction (Articles 132-134)
  3. Advisory Jurisdiction (Article 143)
  4. Writ Jurisdiction (Article 32)
  5. Review and Curative Petition
  6. Court of Record
  7. Key Points for Exam

1. Original Jurisdiction (Article 131)

The Supreme Court has exclusive original jurisdiction in disputes between:

  • The Government of India and one or more States
  • The Government of India and any State(s) on one side and one or more other States on the other side
  • Two or more States
💡 Key Idea: Original jurisdiction means the SC is the first court to hear the case — not an appeal from a lower court. Article 131 gives the SC exclusive jurisdiction in Centre-State and inter-State disputes. No other court can hear such disputes.

Limitations of original jurisdiction:

  • Does not extend to disputes arising from treaties/agreements before the Constitution
  • Does not extend to disputes between States and private parties
  • Does not extend to disputes involving private individuals

2. Appellate Jurisdiction (Articles 132-134)

The SC hears appeals from High Courts in three types of cases:

Constitutional Cases (Article 132)

Appeal lies to SC from any HC judgment if the HC certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

Civil Cases (Article 133)

Appeal lies to SC from HC judgment in civil cases if the HC certifies that the case involves a substantial question of law of general importance.

Criminal Cases (Article 134)

Appeal lies to SC from HC judgment in criminal cases if:

  • HC reversed an acquittal and sentenced the accused to death
  • HC withdrew a case from a subordinate court and convicted the accused and sentenced to death
  • HC certifies that the case is fit for appeal to SC

Special Leave Petition (Article 136)

The SC can grant special leave to appeal from any judgment of any court or tribunal in India (except military tribunals). This is a discretionary power — the SC can refuse to grant leave.

⭐ Exam Fact: Article 136 (Special Leave Petition) is the most commonly used provision for approaching the SC. It gives the SC wide discretion to hear any case from any court in India.

3. Advisory Jurisdiction (Article 143)

The President can refer any question of law or fact of public importance to the SC for its opinion. Key features:

  • The SC may give its opinion — but it is not binding on the President
  • The SC can refuse to give an opinion
  • The opinion is advisory — not a judgment
  • This jurisdiction was borrowed from Canada
✅ Remember: The SC has given advisory opinions on several occasions — e.g., on the Berubari Union case (1960), on the Special Courts Bill (1978), on the Cauvery Water Disputes Tribunal (1992).

4. Writ Jurisdiction (Article 32)

The SC has the power to issue writs for enforcement of Fundamental Rights. This is itself a Fundamental Right — the right to move the SC for enforcement of FRs.

  • Can issue Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
  • Can be invoked only for enforcement of Fundamental Rights
  • SC cannot refuse to exercise this jurisdiction
  • Can be suspended during National Emergency (Article 359)

5. Review and Curative Petition

Review Petition

The SC can review its own judgments (Article 137). A review petition must be filed within 30 days of the judgment. The SC can review its judgment if there is an error apparent on the face of the record.

Curative Petition

A curative petition is the last resort after a review petition is dismissed. It was introduced by the SC in Rupa Ashok Hurra v. Ashok Hurra (2002). It can be filed if there is a violation of principles of natural justice or if the judge was biased.

6. Court of Record

The SC is a court of record (Article 129). This means:

  • Its judgments are recorded and have evidentiary value
  • It has the power to punish for contempt of court
  • Its decisions are binding on all courts in India

7. Key Points for Exam

🔑 Must-Remember Facts

  • Original jurisdiction: Article 131 — Centre-State and inter-State disputes
  • Appellate jurisdiction: Articles 132-134
  • Special Leave Petition: Article 136 — discretionary power
  • Advisory jurisdiction: Article 143 — borrowed from Canada
  • Advisory opinion: Not binding on President
  • Writ jurisdiction: Article 32 — only for FR enforcement
  • Article 32 can be suspended during National Emergency (Article 359)
  • Review petition: Within 30 days of judgment
  • Curative petition: Last resort — Rupa Ashok Hurra (2002)
  • Court of record: Article 129 — power to punish for contempt
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