Supreme Court of India

Independence of Supreme court

1. Mode of appointment
2. Security of tenure
3. Fixed service conditions
4. Expenses charged on consolidated funds
5. Conduct of judges cannot be discussed
6. Ban on practice after retirement
7. Power to punish for its contempt
8. Freedom to appoint its staff
9. Its jurisdiction cannot be curtailed
10. Separation from executive
 Structure
Supreme
Court

High Court

District
Court

Small Civil Criminal

Civil Judge
Cases Magistrat
e
 Overview
• Supreme Court is the highest interpreter of
the constitution of the country.
• Supreme Court of India came into existence on 26th
January, 1950.
• Located at Tilak Marg, New Delhi.
 Powers and Functions
• Guardian of the constitution
• Original Jurisdiction
• Defender of the Federation
• Enforcement of fundamental rights
• Appellate Jurisdiction: Civil & Criminal
• Special Leave to Appeal
• Advisory Jurisdiction( review, amend and overrule decisions of
a trial court )
• Review(Revisory Jurisdiction)
• Court of Records(a court whose proceedings are recorded and
available as evidence of fact)
• Contempt of Court
 Guardian of the constitution

• Supreme court enjoys the privilege of protecting the

constitution against violation of its provisions either
by government or by the people.
• It acts as the watch tower of the constitution and
also exercise the power of interpreting the contents
of the constitution.
 Original Jurisdiction
• Dispute between:
• Government of India and one or more States
• Between the Government of India and any State
• States on one side and one or more States on the
other
• Between two or more States
• Subject matter of Dispute:
Any question of Law or Fact on which existence or
extent of legal right depends.
• Exceptions:
– Pre-Constitution Treaties, Agreements
– Inter-State Water disputes
 Writ Jurisdiction

• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo Warranto
 Habeas Corpus
• To have a body.
• Object: To set free a person illegally
detained
• Petition by friend/Relative also.
• Writ addressed to:
– Government
– An Official
– Private Person
• For disobedience : Contempt of
 Mandamus
• Mandamus = A Command
• Order to do something: demands some activity
• Command to perform Public or Quasi-public duty
• Writ available against:
– Government
– Public Servant
– Judicial Body
• Writ not available against
– President of India
– Governor
– Private Individual
 Prohibition
• Order to stay a judicial Proceeding
• A writ of prohibition is issued to prevent an
inferior court or tribunal from exceeding
its jurisdiction.
 Certiorari
• A writ of certiorari is issued by the supreme
court or high court to nullify an order made
without jurisdiction or in violation of the rules of
natural justice by an inferior court.
 Quo Warranto
• Quo Warranto = What is your authority?
• Court inquires into legality of claim to Public
Office
• Object: To prevent usurpation of Public
Office
• When?
– Disqualified for the post
– Procedure not followed
– Irregular appointment
 Appellate Jurisdiction:
Civil & Criminal
• The jurisdiction of the Supreme Court
can
appellateby a certificate
invoked be by the High Court concerned
granted
under Article 132(1), 133(1) or 134 of the Constitution in
respect of any judgement, decree or final order of a High
Court in both civil and criminal cases, involving substantial
questions of law as to the interpretation of the Constitution.
• Appeals also lie to the Supreme Court in civil matters if the
High Court concerned certifies :
• that the case involves a substantial question of law
of general importance.
• that, in the opinion of the High Court, the said
question needs to be decided by the Supreme
Court.
 Special Leave to Appeal
• Appeals from any judgment, decree,
order, sentence, determination in any
cause or matter passed or made by any
Court or Tribunal
• Exception: Judgment of court of the Armed
Forces
• When?
– In exceptional cases
– Illegality, Irregularity, Error of Law
– Miscarriage of Justice
– Principles of Natural Justice violated
 Advisory Jurisdiction

• President may refer to Supreme Court for

opinion
• Question of Law or Fact:
Which has arisen or likely to arise
And of great public importance
• Court may after ‘Hearing’ report to the
President
• Judges to hear: Minimum 5
 Review
• To review any judgment pronounced or order
made
• Subject to Law passed by Parliament
• When?
– Discovery of new important matters of evidence
– Mistake or error on the face of the record
– Any other sufficient reason
• Review is exceptional phenomenon
Only where a grave and glaring error
 Court of Record
• A court of record is a court where records
are admitted with evidentary value and
they are not to be questioned when they
are produced before the court.
• Power to punish for Contempt of itself
 Miscellaneous
• Transfer of Cases, Appeals from one High
Court to another
• Withdrawal of cases from High Court
• Precedent: Law declared by Supreme Court
binding on all courts. (Art. 141)
• Art. 142: Doing complete justice
• Rule making power
• Interpretation of the Constitution
• Power of Judicial Review (Invalidating laws and
executive actions)