PRACTICE AND PROCEDURE RULES BEFORE SUPREME COURT

 The Indian constitution provides for a provision of Supreme Court under Part V (The
Union) and Chapter 6 (The Union Judiciary).
 Articles 124 to 147 in Part V of the Constitution deal with the organization, independence,
jurisdiction, powers and procedures of the Supreme Court.
 The Indian constitution under Article 124(1) states that there shall be a Supreme Court of
India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a
larger number, of not more than seven other Judges.
 The Jurisdiction of the Supreme Court of India can broadly be categorised into original
jurisdiction, appellate jurisdiction and advisory jurisdiction. However, there are other
multiple powers of the Supreme Court.
 The jurisdiction of the Supreme Court can be broadly categorized as under into six different
heads:
1. Appellate Jurisdiction
2. Extra Ordinary Appellate Jurisdiction
3. Original Jurisdiction
4. Extra Ordinary Original Jurisdiction
5. Advisory Jurisdiction
6. Inherent and Plenary Jurisdiction

What is Original Jurisdiction?

 As a Federal court, the Supreme Court decides disputes between different units of the
Indian Federation. More elaborately, any dispute between:
o the Centre and one or more states; or
o the Centre and any state or states on one side and one or more states on the other; or
o between two or more states.
 In the above federal dispute, the SC has exclusive original 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.
o In this regard, the Supreme Court has original jurisdiction in the sense that an
aggrieved citizen can go directly to the Supreme Court, not necessarily by way of
appeal.
o 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

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 While exercising its original jurisdiction the SC also allows petitions under Article 32 of the
Constitution read with Order XXXVIII of the Rules for issue of directions or order or writs,
including the writs in the nature as stated above.
 It also refers to original suits under Article 131 read with part III Order XXV to XXXVII of
rules.
 The provisions of Article 32 and 146 of the Indian Constitution are wide enough to empower
the Supreme Court to direct a transfer of case in an appropriate situation, no matte provision
CPC/CrPC do not extend to any state nor any state cpc/crpc contain any provision that
empowers the court to transfer cases.
 While dealing with its extra-ordinary original jurisdiction, the SC takes up Petitions under
Article 32 of the Constitution read with Part III(B) Order XXXVIII of the Rules in the nature
of public interest litigation seeking redressal of public injury, enforcement of a public duty or
vindicating interest of public nature; Petitions under Article 32 of the Constitution seeking
transfer of cases involving the State of Jammu and Kashmir.

What is 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:
o Appeals in constitutional matters
o Appeals in civil matters
o Appeals in criminal matters
o Appeals by special leave

 While exercising its appellate jurisdiction the SC allows appeal permitted under Article 132,
133 and 134 read with Order XIX and XX
 Appeals arising out of Statutes or any other law for the time being in force.
 Appeals under Section 2 of Supreme Court (Enlargement of Criminal Appellate Jurisdiction)
Act, 1970
 Appeals upon grant of special leave to appeal under Section 136 of the Constitution read with
XXI and XXII of the Rules and the power to allow/dismiss such petition.
 The jurisdiction conferred under Article 136 is further divisible into 2 stages, first stage is up
to the disposal of prayer for special leave to file an appeal and the second stage commences if
and when the leave to appeal is granted and special leave is converted into an appeal.
 Under Article 136, the SC may reverse, modify or affirm the judgment, decree or order
appealed against while exercising its appellate jurisdiction and not while exercising the
discretionary jurisdiction disposing of petition for special leave to appeal.
 The doctrine of merger, therefore, applies to the former and not to the latter. Once leave to
appeal has been granted and appellate jurisdiction of SC has been invoked, the order passed

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 in appeal would attract the doctrine of merger, the order mat be of reversal, modification or
mere affirmation.

What is Advisory Jurisdiction?

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

 Reference by the President under Article 143(1) of the Constitution read with Order XLII
of the Rules on a question of law or fact of public importance.
 Reference by the President under Article 143(2) of the Constitution read with Order XLII
of the Rules of a dispute of the kind mentioned in the proviso to Article 131 of the
Constitution.
 Reference by the President under Article 317(1) of the Constitution read with Order XLIII
of the Rules in relation to an inquiry for removal of the Chairman or any other Member of a
Public Service Commission from his office on the ground of misbehavior.

What is Court of Record?

 As a Court of Record, the Supreme Court has two powers:

o The judgments, 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.
o They are recognised as legal precedents and legal references.
o It has power to punish for contempt of court, either with simple imprisonment for a
term up to six months or with fine up to 2,000 or with both
Important Provisions

Article 129 The Supreme Court shall be the court of record and has all the powers of such a
court, including the power to punish for contempt of itself.

Article 131 The Supreme Court has the original jurisdiction in 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 other States on the other; or between two or more
States.

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Article 132 An appeal shall lie to the Supreme Court from any judgment, decree or final
order, in a civil, criminal or other proceeding, if the High Court certifies under Article 134A
that the case involves a substantial question of law as to the interpretation of the Constitution.
Article 133 An appeal shall lie to the Supreme Court from any judgment, decree or final
order in a civil proceeding of a High Court in the territory of India, if the High Court certifies
under Article 134A of the Constitution that the case involves a substantial question of law of
general importance and, in the opinion of the High Court, the said question needs to be
decided by the Supreme Court. Notwithstanding anything contained in this Article, no appeal
shall, unless Parliament by law or otherwise provides, lie to the Supreme Court from the
judgment, decree or final order of one Judge of a High Court.

Article 134 An appeal shall lie to the Supreme Court from any judgment, final order or
sentence in a criminal proceeding of a High Court in the territory of India, if the High Court
has, on appeal, reversed an order of acquittal of an accused person and sentenced him to
death; or has withdrawn for trial before itself any case from any court subordinate to its
authority and has, in such trial, convicted the accused person and sentenced him to death; or
if the High Court certifies under Article 134A that the case is a fit one for appeal to the
Supreme Court, subject to the proviso thereunder.

Article 136 Notwithstanding anything contained in Chapter IV of the Constitution, the

Supreme Court may in its discretion, grant special leave to appeal from any judgment,
decree, determination, sentence or order in any cause or matter passed or made by any court
or tribunal, except in relation to any court or tribunal constituted by or under any law relating
to the armed forces. Article 136 does not confer a right of appeal on any party but it confers a
discretionary power on the Supreme Court to interfere in suitable cases. The jurisdiction
conferred by Article 136 is divisible into two stages; first stage is upto the disposal of prayer
for special leave to file an appeal and the second stage commences if and when the leave to
appeal is granted and special leave petition is converted into an appeal. Under Article 136,
the Supreme Court may reverse, modify or affirm the judgment, decree or order appealed
against while exercising its appellate jurisdiction and not while exercising the discretionary
jurisdiction disposing of petition for special leave to appeal. The doctrine of merger,
therefore, applies to the former and not to the latter. Once leave to appeal has been granted
and appellate jurisdiction of Supreme Court has been invoked, the order passed in appeal
would attract the doctrine of merger; the order may be of reversal, modification or merely
affirmation. On an appeal having been preferred or a petition seeking leave to appeal having
been converted into an appeal before the Supreme Court, the jurisdiction of the High Court to
entertain a review petition is lost thereafter, as provided by sub-rule (1) of Rule (1) of Order
47 of the Code.

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Article 137 Subject to the provisions of any law made by the Parliament or any rules made
under Article 145, the Supreme Court shall have the power to review any judgment
pronounced or order made by it:
The Supreme Court has held that “by describing an application as one for
clarification or modification, though it is one for review, a party cannot be
permitted to circumvent or bypass the circulation procedure and indirectly
obtain a hearing in the open court. The Court has further held that what cannot
be done directly cannot be permitted to be done indirectly and that an
application for ‘clarification’, ‘modification’ or ‘recall’ cannot be entertained
where, in sum and substance, the same is clever move for review [APSRTC and
Others v. Abdul Kareem [2007 (2) SCC 466].

Article 139A(1) Where cases involving the same or substantially the same questions of law
are pending before the Supreme Court and one or more High Courts or before two or more
High Courts and the Supreme Court is satisfied on its own motion or an application made by
the Attorney General of India or by a party to any such case that such questions are
substantial questions of general importance, the Supreme Court may withdraw the case or
cases pending before the High Court or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any
case so withdrawn together with a copy of its judgment on such questions to the High Court
from which the case has been withdrawn and the High Court shall, on receipt thereof,
proceed to dispose of the case in conformity with such judgment.

Article 139A(2) The Supreme Court may, if it deems it expedient so to do for the ends of
justice, transfer any case, appeal or other proceedings pending before any High Court to any
other High Court.

Article 141 The law declared by the Supreme Court is binding on all courts within the
territory of India.

Article 142 The Supreme Court may pass such decree or make such order as is necessary for
doing complete justice in any cause or matter pending before it and it shall be enforceable
throughout the territory of India in such manner as may be prescribed by or under any law
made by Parliament and, until provision in that behalf is so made, in such manner as the
President may by order prescribe.
Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court
shall, as respects the whole of the territory of India, have all and every power to make any
order for the purpose of securing the attendance of any person, the discovery or production of
any documents, or the investigation or punishment of any contempt of itself.

Article 143 Where a question of law or fact, which is of public importance, has arisen or is
likely to arise and if the President is of the view that it is expedient to obtain the opinion of
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the Supreme Court upon it, he may refer the question to it for consideration and the Supreme
Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
Notwithstanding anything contained in the proviso to Article 131, the President may refer a
dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the
Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion
thereon.

Article 144 All civil and judicial authorities in the territory of India shall act in aid of the
Supreme Court.

Article 145 Subject to the provisions of any law made by the Parliament, the Supreme Court
may, from time to time, with the approval of the President, make rules for regulating
generally the practice and procedure of the Court.

Article 32 The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred
by Part III of the Constitution.
Under the Extra-ordinary Original Jurisdiction, a writ petition in the nature of public interest
litigation can be filed in the Supreme Court.
The Supreme Court shall, inter alia, have powers to transfer any case relating to the State of
Jammu and Kashmir under Article 32 of the Constitution. [Anita Kushwaha vs. Pushap
Sudan (Transfer Petition (C) No. 1343 of 2008)].
Even after a death sentence has been confirmed and is not open to review, the Supreme Court
may, under Article 32 read with Article 21, commute the sentence of death into one of life
imprisonment on 13 the ground of undue delay in execution of the death since it was
confirmed. [Jumman vs. State of Uttar Pradesh [1991 (1) SCC 752].

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