UPSC » UPSC CSE Study Materials » NCERT Notes for UPSC 2025 » Jurisdiction of Supreme Court

Jurisdiction of Supreme Court

Original Jurisdiction, Writ Jurisdiction, Appellate Jurisdiction, Advisory Jurisdiction, Other Powers etc.

The Supreme Court has jurisdiction in all three areas: original, appellate, and advisory. The exclusive original jurisdiction of Supreme Court extends to any dispute between the Government of India and one or more States, or between the Government of India and any State or States on one side and one or more States on the other, or between two or more States, if and to the extent that the dispute involves any question (whether of law or fact) that affects the existence or scope of a legal right.The Constitution imposes limitations according to which the Supreme Court of India performs.The Constitution defines the responsibility and functions of the Supreme Court. The Supreme Court possesses specific jurisdiction or scope of powers. 

Original Jurisdiction

Without going to the lower courts, the Supreme Court can directly consider the cases between the central government and state governments. The Supreme Court has the sole power to deal with some cases. That is why it is called the original jurisdiction. Such cases are not dealt with by the High Courts or the lower courts. 

As per the Constitution, the disputes are settled and the Supreme Court makes the interpretation of the power of the Union and State Government.

The Supreme Court acts as an umpire in all disputes about federal matters.

In any federal country, legal disputes are bound to arise:

  • Between the Union and the States and
  • Among the States themselves

Writ Jurisdiction

If the fundamental right of any person has been violated, he/she can directly move the Supreme Court for remedy. The Supreme Court gives special orders, called writs. The High Courts also issue writs, but the persons whose rights are violated can either approach the High Court or the Supreme Court directly.The Court orders the executives to act or not to act in a particular way through writs.

Appellate Jurisdiction

The highest court of appeal in Supreme Court:

A person can challenge the decision of the High Court in the Supreme Court against the findings of the High Court.The High Court must certify that the case is fit for appeal and it involves a severe matter of interpretation of law or Constitution. 

In criminal cases

An appeal can be made to the High Court or Supreme Court against the death sentence declared by any other lower court.When appeal is not allowed by the High Court, the Supreme Court decides whether to admit appeals.The Supreme Court can change the ruling and also give a new interpretation of the provision involved, if the court finds that the law or the Constitution has a different meaning from what the lower courts understood.The appellate jurisdiction is also present in the High Courts over the decisions given by courts below them.

Advisory Jurisdiction

Advisory jurisdiction: The President of India can seek opinion with any issues that involve interpretation of the public of the Constitution of the Supreme Court for advice. It is not mandatory for the Supreme Court to give advice on such matters and the President is also not bound to accept such advice. Benefit of the advisory powers of the Supreme Court:

  • Prevent unwanted litigation: The government can seek legal opinion on a matter of importance before acting on it. Suitable changes can be made in its action or legislation as per advice.

Other Powers

Unified nature of Judiciary: Decisions made by the Supreme Court are binding on all other courts within the territory of India. Orders can be enforced throughout the country once it is passed by it. The Supreme Court itself is not bound by its decision and can at any time review it. In case of contempt of the Supreme Court, the Supreme Court itself decides such a case.

Conclusion 

India is a federal country with a three-tiered legal system that includes the Supreme Court, High Courts, and Subordinate Courts. The Supreme Court’s decisions are binding on all other courts in India because it is the country’s top court. It is both a final appeals court and a final interpreter of the Constitution. Many consider it to be one of the most powerful courts in the world because of its broad powers. Its authority is derived from the Indian Constitution. Its autonomy becomes increasingly important for it to effectively carry out the tasks that have been entrusted to it. The Jurisdiction of the Supreme Court should be free of executive (council of ministers) and legislative encroachments, pressures, and interferences (Parliament). It should be able to carry out its duties without fear or favour.