The Supreme court is at the apex of the Indian judicial system.
1. Original Jurisdiction: The Supreme Court has original jurisdiction to the exclusion of any other court in any dispute:
between the Government of India and one or more States or
between the Government of India and any State(s) on one side and any other State(s) on the other side.
between two or more States. Disputes regarding the election of the President and Vice President are the exclusive jurisdiction of the court.
2. Appellate Jurisdiction: The Supreme Court is the highest court of appeal in the territory of India. Appellate jurisdiction can be considered as follows:
Appeals in Constitutional cases: This means that an appeal shall lie to the Supreme Court from any decree or judgment of a High Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
Appeals in Civil cases: an appeal against any judgment or decree of a High Court in a civil case may be filed in the Supreme Court, provided the High Court certifies that the case involves a substantial question of interpretation of the law.
Appeals in Criminal cases: against High Court order if the High Court has:
on appeal reversed an order of acquittal of an accused and sentenced him to death,
withdrawn for trial before itself a case from a Subordinate Court and in such a trial convicted the accused and sentenced him to death or
if the High Court certifies that the case is a fit one for an appeal to the Supreme Court.
3. Writ Jurisdiction:
Under Article 32, the Supreme Court has original jurisdiction to entertain a writ petition from a party that complains of the violation of a fundamental right. However, this is not exclusive as the party may also approach the High Court in this case.
The Supreme Court protects the Fundamental Rights of the citizens through various types of writs, like
Habeas Corpus
Mandamus
Prohibition
Quo Warranto
Certiorari.
(a) Habeas Corpus (to have the body): It is a direction of the Court to the detaining authority to produce the detained person before the court for enquiring into the grounds of detention.
(b) Mandamus (we order): This is in the nature of command of a Court (Supreme or High Court) to a person or body to perform some public legal duty which he has refused to perform.
(c) Prohibition: This writ is issued to special tribunals, commissions, and magistrates who are vested with judicial powers, prohibiting them from exceeding their jurisdiction.
(d) Quo Warranto (by what authority?): This writ is issued against a person who claims or usurps a public office to inquire by what authority he has done so.
(e) Certiorari: This writ is issued to a lower court directing it to transfer the records and case for trial to a higher court to prevent an abuse/usurpation of jurisdiction.
4. Advisory Jurisdiction:
The President has the right to seek the legal advice of the Supreme Court on any matter of public importance which involves a question of law or any dispute arising out of any treaty or agreement executed before the commencement of the Constitution. The Supreme Court is bound to give its opinion on any matter referred to it by the President. However, the opinion of the Court is not binding on the President.
5. Judicial Review:
Judicial Review consists of the competence of the Supreme Court and High Courts to pronounce a law passed by the Parliament or State Legislature or any executive action as ultra vires to the Constitution (i.e., unconstitutional) and hence null and void if in the opinion of the court the law of action is contrary to the provisions or spirit of the Constitution.
