Chapter 3
Jurisdiction
The Supreme Court has jurisdiction and the
authority to hear a wide range of cases. Its
jurisdiction is generally classified into three
categories namely, original, appellate and
advisory.
Original Jurisdiction
The Supreme Court of India is empowered
by Article 131 of the Constitution of India
to entertain original jurisdiction exclusively
with regards 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 other States on the other; or, between
two or more States, if and in so far as the
dispute involves any question (whether of
law or fact) on which the existence or extent
of a legal right depends: Provided that
the said jurisdiction shall not extend to a
dispute arising out of any treaty, agreement,
covenant, engagements, and or other similar
instrument which, having been entered into
or executed before the commencement of
this Constitution, continues in operation after
such commencement, or which provides
that the said jurisdiction shall not extend
to such a dispute. In addition, Article 32 of
the Constitution gives an extensive original
jurisdiction to the Supreme Court in regard
to enforcement of Fundamental Rights. It
is empowered to issue directions, orders
or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo
warranto and certiorari to enforce them.
In accordance with the power conferred under
Article 71 of the Constitution, all doubts and
disputes arising out of or in connection with
the election of a President or Vice President
shall be inquired into and decided by the
Supreme Court whose decision shall be final.
Apart from this, Section 25 of the Code of
Civil Procedure, 1908 enables the Supreme
Court to transfer any case, appeal or other
proceedings from High Court or other civil
court in one State to a High Court or other
civil court in any other State. Moreover,
Supreme Court can also transfer any case
involving same or substantially same
questions of law pending before it and one or
more High Courts in certain contingencies to
itself, as per the provisions under Article139A.
The Appointment of Arbitrators by the Chief
Justice of India Scheme, 1996 as framed
under Section 11(10) of the Arbitration
and Conciliation Act, 1996 regulates the
appointment of arbitrators under Section
11(6) of the said Act. Furthermore, the
Supreme Court has all the powers to punish
for contempt of itself. For this purpose, ‘Rules
to Regulate proceedings for Contempt of the
Supreme Court, 1975’, have been framed in
exercise of the power under Section 23 of
the Contempt of Courts Act, 1971, read with
Article 145 of the Constitution of India.
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 Appellate Jurisdiction
The Supreme Court has very wide appellate
jurisdiction over all Courts and Tribunals in
India. The Appellate Jurisdiction is exercised
under Articles 132 to 134. According to Article
132, an appeal shall lie to the Supreme Court
from any judgment, decree or final order of a
High Court in the territory of India, whether
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 this Constitution.
Apart from the above, Supreme Court also
has the discretion to grant Special Leave to
Appeal under Article 136 of the Constitution
from any judgment, decree, determination,
sentence or order in any cause or matter
passed or made by any court or tribunal in
Jurisdiction
the territory of India. Further, the Supreme
Court of India has the jurisdiction to decide
a statutory appeal, whenever any legislation
provides for appeal to the Supreme Court.
A number of special statutes provide for an
Appeal to Supreme Court. Such provisions
for statutory appeals include the following:
ƒ Section 35L of the Central Excise Act,
1944 (1 of 1944);
ƒ Section 116A of the Representation of the
People Act, 1951 (43 of 1951);
ƒ Section 38 of the Advocates Act, 1961
(25 of 1961);
ƒ Section 261 of the Income Tax Act, 1961(43
of 1961) before the establishment of
National Tax Tribunal from 28.12.2005;
ƒ Section 130E of the Customs Act, 1962
(52 of 1962);
ƒ Section 19 (1) (b) of the Contempt of
Courts Act, 1971 (70 of 1971);
ƒ Section 374 and Section 379 of the Code
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of Criminal Procedure, 1973 (2 of 1974)
read with Section 2 of Supreme Court
(Enlargement of Criminal Appellate
Jurisdiction) Act, 1970 (28 of 1970);
ƒ Section 23 of the Consumer Protection
Act,1986 (68 of 1986);
ƒ Section 19 of the Terrorist and Disruptive
Activities (Prevention) Act, 1987 (28
of1987);
ƒ Section 10 of the Special Courts (Trial
of Offences relating to Transactions in
Securities) Act, 1992 (27 of 1992);
ƒ Section 15Z of the Securities and Exchange
Board of India Act, 1992 (15 of 1992);
ƒ Section 18 of the Telecom Regulatory
Authority of India Act, 1997 (24 of 1997);
Section 53T of the Competition Act, 2002
ƒ
(12 of 2003);
ƒ Section 125 of the Electricity Act, 2003
(36 of 2003);
ƒ Section 24 of the National Tax Tribunal
Act, 2005 (49 of 2005);
ƒ Section 30 of the Armed Forces Tribunal
Act, 2007 (55 of 2007);
ƒ Section 37 of the Petroleum and Natural
Gas Regulatory Board Act, 2006 (19 of
2006);
ƒ Section 31 of the Airports Economic
Regulatory Authority of India Act, 2008
(27 of 2008);
ƒ Section 22 of the National Green Tribunal
Act, 2010 (19 of 2010);
ƒ Section 423 of the Companies Act, 2013
(18 of 2013);
ƒ Section 38 of the Pension Fund Regulatory
and Development Authority Act, 2013 (23
of 2013);
ƒ Section 21 of the Black Money
(Undisclosed Foreign Income and Assets)
and Imposition of Tax Act, 2015 (22 of
2015);
ƒ Section 33E of the Aadhaar (Targeted
Delivery of Financial and Other Subsidies,
Benefits and Services) Act, 2016 (18 of
2016);
ƒ Sections 62 and 182 of the Insolvency
and Bankruptcy Code, 2016 (31 of 2016);
ƒ Section 118 of the Central Goods and
Services Tax Act, 2017 (12 of 2017);
ƒ Section 73 of the Consumer Protection
Act, 2019 (35 of 2019); and
ƒ Section 60(2) of the Major Port Authorities
Act, 2021 (1 of 2021).
Advisory Jurisdiction
Article 143(1) of the Constitution of India
states that if at any time it appears to the
President of India that a question of law or
fact has arisen, or is likely to arise, which is of
such nature or of such public importance that
it is expedient to obtain the opinion of the
Supreme Court upon it, the President may
refer the question to the Supreme Court for
consideration. The Supreme Court may, after
such hearing as it thinks fit, report to the
President, its opinion thereon. In accordance
with Article 143(2) of the Constitution, the
President may, refer a dispute of the kind
mentioned in the proviso of Article 131
of Constitution 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.
Reference to the Supreme Court can also be
made under following provisions:
ƒ Article 317 of the Constitution of India, as
regards removal of Chairman or any other
Member of a Public Service Commission.
ƒ Section 11 of the Competition Act, 2002,
as regards removal of Chairperson and
other Members of the Commission.
ƒ Sections 14 and 17 of the Right to
Information Act, 2005, as regards
the Removal of Chief Information
Commissioner or any Information
Commissioner and State Chief Information
Commissioner or State Information
Commissioner, respectively.
ƒ Section 257 of the Income Tax Act, 1961,
as regards reference by the Income Tax
Appellate Tribunal.
Other Powers of The Supreme Court
In addition to the Original, Appellate and
Advisory Jurisdiction, the Supreme Court also
exercises the following powers:
Jurisdiction
ƒ Public Interest Litigation (PIL): A Public
Interest Litigation may commence in
any of the manner, such as: (i) through
a suo motu petition in pursuance of the
order of the Chief Justice or Judge of
the Supreme Court; (ii) in pursuance of
an order of the Chief Justice or a Judge
nominated by the Chief Justice on a
letter or representation; (iii) by an order
of the Supreme Court to treat a petition
as a Public Interest Litigation; (iv) by
presentation of a petition in the Supreme
Court.
ƒ Power of Review: The Supreme Court
under Article 137 of the Constitution
of India has the power to review any
judgment pronounced, or any order
made by it. Review Petitions are disposed
of by circulation as per listing procedures.
However, in death sentence cases, oral
hearing has been made permissible,
limited to 30 minutes as per the verdict
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 in Sonu Sardar v. Union of India [2014(9) ƒ Supreme Court Judges (Salaries and
SCC 737] Conditions of Service) Act, 1958 (41 of
1958) [amended by Act Nos. 77 of 1971,
ƒ Curative Petitions: Order XLVIII of the
36 of 1976, 57 of 1980, 36 of 1985, 38 of
Supreme Court Rules, 2013 provides that
1986, 20 of 1988, 32 of 1989, 72 of 1993,
the Supreme Court can reconsider its final
2 of 1994, 20 of 1996, 18 of 1998, 7 of
judgment/order by way of a Curative
1999, 8 of 2003, 46 of 2005, 23 of 2009,
Petition on limited grounds after the
13 of 2016, 10 of 2018 and 44 of 2021].
dismissal of Review Petition.

Subordinate Legislations
Important Acts Relating to Supreme
Court ƒ The subordinate legislations relating to
the Supreme Court are as follows:
The important legislations relating to
Supreme Court of India are as follows: ƒ Judges (Inquiry) Rules, 1969;
ƒ Supreme Court Rules, 2013;
ƒ Judges (Inquiry) Act, 1968 (51 of 1968);
ƒ Supreme Court (Decree and Orders)
ƒ Judges (Protection) Act, 1985 (59 of 1985)
Enforcement Order, 1954;
[amended by Act No. 34 of 2019];
ƒ Supreme Court Judges Rules, 1959;
Jurisdiction

ƒ Supreme Court (Enlargement of Criminal

Appellate Jurisdiction) Act, 1970 (28 of ƒ Supreme Court Judges (Traveling
1970) [amended by Act No. 37 of 1972]; Allowance) Rules, 1959; and

ƒ Supreme Court (Number of Judges) Act, ƒ Rules to Regulate Proceedings for

1956 (55 of 1956) [amended by Act Nos. Contempt of the Supreme Court, 1975.
17 of 1960, 48 of 1977, 22 of 1986, 11 of
2009 and 37 of 2019]; and

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