Supreme Court: Jurisdiction and Powers

Original Jurisdiction – Applicable areas are

• the Centre and one or more states; or
• the Centre and any state or states on one side and one or more states on the other; or
• between two or more states.

Writ Jurisdiction

• The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
• However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.

Appellate Jurisdiction

• The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
  • Appeals in constitutional matters
  • Appeals in civil matters
  • Appeals in criminal matters
  • Appeals by special leave – This provision contains the four aspects as under:
    1. It is a discretionary power and hence, cannot be claimed as a matter of right.
    2. It can be granted in any judgement whether final or interlocutory.
    3. It may be related to any matter–constitutional, civil, criminal, income-tax, labour, revenue, advocates, etc.
    4. It can be granted against any court or tribunal and not necessarily against a high court (of course, except a military court).

Advisory Jurisdiction

• The Constitution under Article 143 authorises the President to seek the opinion of the Supreme Court in the two categories of matters:
  • On any question of law or fact of public importance which has arisen or which is likely to arise.
  • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.

Court of Record

• As a Court of Record, the Supreme Court has two powers:
  • The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court.
  • They are recognised as legal precedents and legal references.

Power of Judicial Review

• Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments.
• On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court. Consequently, they cannot be enforced by the Government.

Doctrines Put Forward by the Supreme Court

• Doctrine of Severability
• Doctrine of Waiver 
• Doctrine of Eclipse
• Doctrine of Territorial Nexus 
• Doctrine of Pith and Substance 
• Doctrine of Colourable Legislation
• Doctrine of Implied Powers 
• Doctrine of Incidental and Ancillary Powers
• Doctrine of Precedent 
• Doctrine of Occupied Field 
• Doctrine of Prospective Overruling 
• Doctrine of Harmonious Construction
• Doctrine of Liberal Interpretation