Advisory Jurisdiction of the Supreme Court

In India, there is a three-tier system in the judicial system in the country. These are- the Supreme Court of India, the High courts of India, and the Subordinate Courts within the country. India’s highest and final court of appeal is the Supreme Court. 

The Supreme Court of India can make appeals against the judgement of several courts within the country, including the high court of India. The judgement and verdict made by the supreme court are binding on all the courts within the court. It also has the responsibility of settling the disputes between the state governments, the state and the union, and between the unions. The Supreme Court Jurisdictions include the Original, Appellate, and Advisory Jurisdiction.

Let us look at the meaning of jurisdiction before we proceed with the meanings of the Supreme Courts Jurisdictions. 

Jurisdiction

The jurisdiction’s meaning revolves around the authority of an institution to hear and make verdicts on issues and cases, at the first instance. The supreme court’s jurisdictions are of three types. These jurisdictions are the Original Jurisdiction, Appellate Jurisdiction, and the advisory Jurisdiction of the Supreme Court. In terms of high courts in the country, there are two types of Jurisdiction. These are Original Jurisdiction and the Appellate Jurisdiction. 

Generally, the types are jurisdictions includes the following- 

• Original Jurisdiction: the court’s power to listen to a matter or case from the very beginning.
• Appellate Jurisdiction: the court’s power and authority to listen to a case on appeal from other lower courts within the country. 
• Demographic Jurisdiction: the court’s power is bounded by demography or territory. 
• Subject-related cases: the court’s power to listen to a case that is related to a particular subject. 
• Pecuniary or Financial Jurisdiction: the court’s power is termed around the financial funds involved in a case.

Now, let us briefly look at the supreme court’s jurisdictions. 

Supreme Courts Jurisdiction

Supreme Court jurisdiction is of three types- Original Jurisdiction, Appellate Jurisdiction, and Advisory Jurisdiction. 

Original Jurisdiction deals with the cases or matters that are referred to the respective courts at the first instance. Article 131 of the Constitution of India points to the original jurisdiction of the Supreme Court. The Supreme Court acts as an arbitrator, in cases of disputes in the federal structure of the country. 

Appellate Jurisdiction’s meaning is that it gives the authority to the Supreme Court to hear or listen to cases and matters on appeal of a lower court in the country. These courts can be any regional, local, or high Court in the country. This jurisdiction includes matters related to civil, criminal, and constitutional offences.

In addition to these, the advisory jurisdiction of the supreme court also plays an essential role. The advisory jurisdiction points to the supreme court’s authority to advise the presidents of the country when consulted. This jurisdiction is not binding and enforceable on the President, in any way. 

Now let us look at some of the cases under the advisory jurisdiction of the Supreme Court.

Cases

Article 143 of the Constitution of India gave the President of the country authority to move cases toward the Supreme Court, seeking its advice and opinion. Mentioned below are some of the cases under the advisory jurisdiction of the Supreme Court of India. 

• Cauvery Dispute: The Union government established a tribunal to look into the matter of dispute between the states of Tamil Nadu and Karnataka, regarding the River Cauvery. The tribunal’s decision was not appreciated by the Government of Karnataka. Hence, the president asked the Supreme court for its advice. Therefore, the Supreme Court declared the unconstitutional nature of the ordinance, since it violated the Inter-state water disputes act of 1956. 
• Ismail Faruqui Case: In this case, a bench of five judges contested the president’s recommendation of the Supreme Courts’ advice. The supreme court advised on whether Babri Masjid was built over a temple was not useful, and is against the ideals of secularism.

Some other cases are related to the advisory jurisdiction. These are- Special Court Reference, BeruBari Case. 

Conclusion

In India, there is a three-tier system in the judicial system in the country. These are- the Supreme Court of India, the High courts of India, and the Subordinate Courts within the country. India’s highest and final court of appeal is the Supreme Court. The jurisdiction’s meaning revolves around the authority of an institution to hear and make verdicts on issues and cases, at the first instance. The Supreme Court’s jurisdiction is of three types- Original, Appellate, and Advisory Jurisdiction. Some other cases are related to the advisory jurisdiction. These are- Special Court Reference, BeruBari Case.