Introduction
The Supreme Court of India is not merely the highest judicial body—it is the protector of the Constitution, the final interpreter of laws, and the guardian of citizens’ fundamental rights. Established under Part V, Chapter IV (Articles 124–147) of the Constitution, the Court embodies the spirit of justice, equality, and rule of law. In simple terms, jurisdiction refers to the power of a court to hear and decide cases. The Supreme Court’s jurisdiction is vast and multi-dimensional, ensuring justice is administered consistently across India’s federal structure. Under Article 141, the law declared by the Supreme Court is binding on all other courts, ensuring uniform interpretation and application of legal principles.
Constitutional Basis of Jurisdiction
The framework for the Supreme Court’s powers lies between Articles 124 to 147 of the Indian Constitution. These provisions define the establishment, composition, powers, and jurisdiction of the Court.
Notably, Article 141 ensures that the decisions of the Supreme Court act as precedent for all other courts. This creates a unified judicial voice that promotes consistency, fairness, and legal certainty throughout the country.
Original Jurisdiction (Article 131)
Under Article 131, the Supreme Court has exclusive authority to adjudicate disputes involving the Union and State governments. This means certain cases can be brought directly before it without approaching lower courts first.
Scope of Original Jurisdiction
- Disputes between the Government of India and one or more States.
- Disputes between two or more States.
- Disputes involving the Union and States on one side and other States on the opposite side concerning legal rights.
However, this jurisdiction does not cover matters arising out of pre-Constitution treaties or agreements unless Parliament provides otherwise.
Article 32 – Enforcement of Fundamental Rights
Apart from inter-governmental disputes, Article 32 empowers individuals to approach the Supreme Court directly for the protection of their Fundamental Rights. Dr. B.R. Ambedkar called it the “heart and soul” of the Constitution because it provides citizens a direct remedy against violations of their rights.
Appellate Jurisdiction (Articles 132–136)
The Appellate Jurisdiction makes the Supreme Court the final court of appeal in India. It hears appeals from High Courts in constitutional, civil, and criminal matters.
Appeals in Constitutional Matters (Article 132)
Appeals can be made if the High Court certifies that the case involves a substantial question of constitutional interpretation.
Appeals in Civil Matters (Article 133)
A civil case may reach the Supreme Court if the High Court certifies that it involves a substantial question of law of general importance.
Appeals in Criminal Matters (Article 134)
The Supreme Court may hear criminal appeals when:
- The High Court reverses an acquittal and imposes a death sentence, or
- The High Court certifies the case fit for appeal.
Special Leave to Appeal (Article 136)
This article gives the Supreme Court discretionary power to grant “special leave” to appeal from any court or tribunal in India. It ensures justice in exceptional situations, even when no legal right of appeal exists.
Advisory Jurisdiction (Article 143)
Under Article 143, the President of India may seek the Supreme Court’s opinion on any question of law or fact of public importance.
Types of Advisory References
- Article 143(1): The President may refer matters of public importance for the Court’s opinion.
- Article 143(2): The President may seek advice on disputes arising from pre-Constitution treaties or agreements.
Although advisory opinions are not binding, they hold immense persuasive authority, guiding the executive and legislature in critical policy matters.
Review Jurisdiction (Article 137)
The Supreme Court may review its own judgments or orders to correct errors that might lead to injustice. This self-corrective mechanism maintains the integrity of the judicial process.
Grounds for review include:
- Apparent errors on the record,
- Violation of natural justice, or
- Discovery of new evidence.
Curative Jurisdiction
Introduced through judicial innovation in Rupa Ashok Hurra v. Ashok Hurra (2002), the Curative Petition allows the Court to revisit a case even after a review petition has been dismissed. It is used sparingly, only when a grave miscarriage of justice is evident.
Supervisory Jurisdiction
The Supreme Court exercises supervisory control over all subordinate courts and tribunals to ensure they function within constitutional limits. This jurisdiction acts as a check against judicial excesses or administrative irregularities.
Rule-Making Power (Article 145)
Under Article 145, the Supreme Court can frame its own rules to regulate procedure and practice. This autonomy ensures smooth functioning and efficient case management.
Binding Nature of Supreme Court Decisions (Article 141)
According to Article 141, the law declared by the Supreme Court is binding on all courts within India. This ensures uniformity of legal interpretation and establishes the Supreme Court as the final authority in judicial hierarchy.
Jurisdiction under Public Interest Litigation (PIL)
Through Public Interest Litigation, the Supreme Court has expanded access to justice. Any citizen can approach the Court on behalf of others, ensuring that justice reaches even the most marginalized groups. PILs have transformed the judiciary into a proactive defender of public welfare.
Significance of the Supreme Court’s Jurisdiction
The Supreme Court’s diverse jurisdiction sustains India’s federal structure, democratic governance, and constitutional morality. It:
- Resolves Union-State disputes, preserving federal balance.
- Ensures uniform interpretation of laws.
- Protects citizens’ rights through Article 32.
- Advises the government on complex legal matters.
The Court’s vigilance and flexibility ensure that justice evolves with society.
Landmark Cases Defining Jurisdiction
- Kesavananda Bharati v. State of Kerala (1973) – Defined the Basic Structure Doctrine.
- S.R. Bommai v. Union of India (1994) – Strengthened federalism by limiting misuse of Article 356.
- Minerva Mills v. Union of India (1980) – Reaffirmed judicial review as part of the basic structure.
These judgments highlight how the Court’s jurisdiction safeguards the Constitution’s spirit.
Mnemonic to Remember – “OAA STAR”
- O – Original Jurisdiction (Articles 131 & 32)
- A – Appellate Jurisdiction (Articles 132–136)
- A – Advisory Jurisdiction (Article 143)
- S – Supervisory & Review Jurisdiction (Articles 137–139)
- T – Treaty or Presidential References (Article 143(2))
- A – Authority under Article 141
- R – Rule-Making Power (Article 145)
This mnemonic makes remembering the Court’s powers effortless.
About lawgnan
About lawgnanThe Supreme Court’s jurisdiction is the backbone of India’s democratic framework. Understanding its scope empowers citizens to defend their rights and respect the rule of law. To explore detailed analyses, landmark judgments, and updates on India’s legal system, visit lawgana.in.
LawGana offers insightful legal resources, expert commentary, and case summaries that simplify complex legal principles for everyone. Whether you’re a student, researcher, or a concerned citizen, this platform bridges the gap between law and society—making justice understandable, accessible, and actionable for all.
