- JURISDICTION AND POWER OF SUPREME COURT
- JUDICIAL REVIEW
UNIT 10 – THE SUPREME COURT – PART 2
- Jurisdiction and Powers of Supreme Court
The Supreme Court of India is provided with a wide range of powers to enable it to function as an independent institution and uphold the law of the land. It is the final interpreter and guardian of the constitution and guarantor of fundamental rights of people. The jurisdiction and powers of the SC are classified into the following categories.
S.No | Jurisdiction | Powers |
1 | Original Jurisdiction. | The SC has the exclusive and original jurisdiction with respect to the disputes between the centre and one or more states.
The centre and a state or a group of states on One Side and a state or a group of states on the other side.
Two or more states. |
2 | Writ Jurisdiction | Article 32 authorises the SC to issue five types of writs such as the habeas corpus, mandamus, certiorari, prohibition, and quo warranto. However, this power is not exclusive to the SC as the High Courts can also issue writs under article 226. |
3 | Appellate Jurisdiction | The SC is the highest court of appeal. It enjoys appellate jurisdiction in the following matters; Constitutional matters Civil matters Criminal matters Appeal by special leave |
4 | Consultative / Advisory Jurisdiction | The President can ask for the opinion of SC in two cases On any question of a law of public importance. On disputes that arise out of pre-constitutional agreements or treaties or other instruments. |
5 | A Court of Record | The proceedings, judgements and acts of SC are recorded to be used as precedents and produced as pieces of evidence before any court. |
6 | Judicial Review | The SC is endowed with the power of examining the constitutional validity of laws and executive orders of both the Central and the State governments. |
Other Powers of Supreme Court:
- In the disputes related to the election of President and the Vice President, the SC has the original, exclusive and final authority.
- It has the power to review its own judgements.
- It has the power of supervising and controlling all other courts and tribunals within the territory of India.
- It enquires into the matters of conduct and misbehaviour of the Chairman and members of the Union Public Service Commission and if it finds them guilty, it can recommend the President to remove them from office. Its advice, in this case, is binding on the President.
- It can transfer the cases pending before the High Courts to itself and dispose them or it can transfer a case pending before one High Court to another High Court for disposal.
- All the courts in the country are bound to obey the orders of SC.
- Judicial Review
The Supreme Court can examine the laws enacted by the Parliament and the State legislatures for their constitutionality and if it finds them unconstitutional, it can declare them void. This power of the Supreme Court is called as judicial review and it is significant for the following reasons
- It protects the fundamental rights of citizens.
- It protects the basic principles incorporated in the constitution.
- It upholds the supremacy of the constitution.
- It maintains the balance between the centre and the states in the federal system of government.
The scope of judicial review in India is narrower than that of what exists in the USA. This is because the principle of ‘due process of law’ is followed in the USA whereas the principle of ‘procedure established by law’ is followed in India. Under the due process of law, the judiciary, while testing the constitutionality of laws, will examine the reasonableness underlying the enactment of the laws. Under the procedure established by law, the judiciary will check whether the legislature has followed the procedures prescribed for the enactment of the laws.