JURISDICTION OF THE SUPREME COURT

1.     Original Jurisdiction

1.     Original Jurisdiction means that certain types of cases can originate with the Supreme Court only

2.     The Supreme Court has original jurisdiction in

1.     Disputes between the Centre and one or more states

2.     Disputes between the Centre and any state(s) on one side and one or more states on the other side

3.     Disputes between two or more states

4.     Disputes regarding the enforcement of Fundamental Rights

2.     Appellate Jurisdiction

1.     Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it

2.     The Supreme Court is the highest court of appeal in the country

3.     Three types of cases fall with appellate jurisdiction:

1.     Constitutional cases: an appeal against a High Court judgement can be made to the Supreme Court if the High Court determines that the case involves questions on the interpretation of the Constitution

2.     Civil cases: an appeal can be made in civil cases if the High Court certifies

1.     that the case involves a substantial question of law of general importance, and

2.     that the said question needs to be decided by the Supreme Court

3.     Criminal cases: an appeal can be made in criminal cases if the High Court

1.     has reversed an acquittal and sentenced a person to death, or

2.     has taken up a case from a subordinate court and sentenced an accused to death

3.     interestingly, if the High Court reverses a conviction and orders acquittal, no appeal to the Supreme Court can be made

3.     Advisory Jurisdiction

1.     Advisory Jurisdiction refers to the process where the President seeks the Court’s advice on legal matters

2.     If the President asks for advice from the Supreme Court, the Court is duty-bound to give it. However, it not binding on the President to accept the advice