The Supreme Court of India plays a vital role in the country’s judicial system. As the highest court, it holds extensive jurisdiction, including original, appellate, and advisory powers. This article delves into the Supreme Court’s jurisdiction, explaining how it operates, the key functions it serves, and its role in Public Interest Litigation (PIL) and legal aid.

Original Jurisdiction of the Supreme Court

The Supreme Court’s original jurisdiction refers to cases that are directly filed in the Court without going through a lower court. This power primarily applies to disputes between:

• The Government of India and one or more States.
• Between two or more States.

Under Article 32 of the Constitution, the Supreme Court also has original jurisdiction for the enforcement of Fundamental Rights. It can issue directions or writs, such as:

• Habeas corpus
• Mandamus
• Prohibition
• Certiorari
• Quo warranto

These writs empower the Court to safeguard citizens’ rights, making the Supreme Court of India’s jurisdiction critical in upholding constitutional freedoms.

Appellate Jurisdiction

The appellate jurisdiction of the Supreme Court comes into play when a case from a High Court is brought to the Supreme Court for review. This can occur in both civil and criminal cases, particularly when substantial questions of law are involved.

Appeals in Civil Matters

Civil cases may be appealed to the Supreme Court if the High Court certifies:

• The case involves a substantial question of law.
• The case requires the Supreme Court’s interpretation of the Constitution.

Appeals in Criminal Matters

In criminal cases, appeals may be brought before the Supreme Court if:

• The High Court reverses an acquittal and imposes a sentence of life imprisonment or death.
• The case involves a substantial legal question that requires the Court’s interpretation.

Special Leave Petition (SLP)

Under Article 136 of the Constitution, the Supreme Court has the power to grant special leave to appeal against any judgment or order of any court or tribunal in India. This broadens the appellate jurisdiction of the Court, allowing it to hear cases of significance from across the judicial spectrum.

Advisory Jurisdiction

The Supreme Court also has advisory jurisdiction under Article 143. In this capacity, the Court provides advice to the President of India on important legal questions. This advisory power is not binding but is often considered authoritative.

Contempt of Court Powers

Under Articles 129 and 142, the Supreme Court has the power to punish for contempt of court, including contempt committed against itself. The Court can initiate contempt proceedings suo motu or based on petitions filed by authorized individuals, including the Attorney General or Solicitor General.

Public Interest Litigation (PIL)

One of the most innovative judicial practices in India is Public Interest Litigation (PIL). This allows any public-spirited individual or group to file petitions addressing issues that affect the public at large, even if they are not directly affected by the issue.

The Supreme Court has actively used PIL to address significant social, environmental, and human rights issues. Citizens can initiate a PIL by filing a formal writ or even by addressing a letter to the Chief Justice of India.

Legal Aid by the Supreme Court

The Supreme Court of India also plays a crucial role in providing legal aid to those in need. Individuals who meet certain eligibility criteria, such as annual income below Rs. 5,00,000, or belong to marginalized groups, can apply for free legal aid.

The Supreme Court Legal Aid Committee ensures that these individuals are provided with an advocate to represent their case in court. Legal aid is also extended to the middle-income group (with an annual income between Rs. 60,000 and Rs. 7,50,000) on nominal fees.

Conclusion

The jurisdiction of the Supreme Court of India is extensive and multifaceted, making it one of the most significant institutions in the Indian legal system. From handling disputes between states and the government to safeguarding the Fundamental Rights of citizens, the Court plays a pivotal role in maintaining the rule of law. Whether through its appellate and original jurisdiction, or by providing legal aid and addressing public interest through PIL, the Supreme Court continues to be the bedrock of India’s legal structure.

Annexure ‘A’