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What are the types of jurisdiction exercised by the Supreme Court?

09-May-2025
Supreme Court

Answer By law4u team

The Supreme Court of India exercises various types of jurisdiction as provided under the Constitution of India. These include: 1. Original Jurisdiction: Under Article 131, the Supreme Court has original jurisdiction in disputes: Between the Government of India and one or more States Between two or more States This means such cases can be directly filed in the Supreme Court without going to any lower court first. 2. Writ Jurisdiction: Under Article 32, the Supreme Court can issue writs for the enforcement of fundamental rights. This is a fundamental right in itself, and individuals can directly approach the Supreme Court if their rights are violated. 3. Appellate Jurisdiction: Under Articles 132 to 136, the Supreme Court hears appeals: In constitutional matters (Article 132) In civil matters (Article 133) In criminal matters (Article 134) In any case if the Supreme Court grants special leave (Article 136) It is the highest appellate court in the country. 4. Advisory Jurisdiction: Under Article 143, the President of India can seek the opinion of the Supreme Court on legal or constitutional matters. The Court may choose to give or refuse the opinion. Though the advice is not binding, it carries significant weight. 5. Review Jurisdiction: Under Article 137, the Supreme Court has the power to review its own judgments or orders. A review petition can be filed in case of an apparent error in a judgment. 6. Curative Jurisdiction: Though not mentioned in the Constitution, this is a special jurisdiction evolved by the Supreme Court through judicial interpretation. A curative petition may be filed after a review petition is dismissed, in rare and exceptional cases to prevent miscarriage of justice. 7. Supervisory Jurisdiction: Although primarily vested in High Courts over subordinate courts, the Supreme Court exercises supervisory jurisdiction through its power of appeal and special leave. These multiple jurisdictions ensure that the Supreme Court functions as the guardian of the Constitution, the protector of fundamental rights, and the final authority in judicial matters in India.

Answer By Ayantika Mondal

Dear client, The Supreme Court mainly have 3 types of jurisdiction in India which includes: Original jurisdiction Appellate jurisdiction Advisory jurisdiction Original Jurisdiction (Articles 131, 32, etc.) Article 131 grants exclusive original jurisdiction to the Supreme Court in disputes: Between the Union Government and one or more States. Between two or more States. The dispute has to be with respect to a question of law or fact where the existence of a legal right is at stake. Under Article 32, an individual can approach the Supreme Court directly for enforcement of Fundamental Rights. The Court may issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. Appellate Jurisdiction (Articles 132–136) The SC deals with appeals under the Constitution, civil matters, and criminal matters. The appeal can be lodged under the provisions of the: Article 132: Substantial questions of law relating to the interpretation of the Constitution. Article 133: Civil cases involving a substantial question of law of general importance. Article 134: Appeals in criminal cases where: A person is sentenced to death or 10+ years imprisonment. The High Court certifies the case fit for appeal. Article 136: Special Leave Petition(SLP) The Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence or order passed or made by any court or tribunal in the territory of India, other than military courts. This is the discretionary power of appeal vested in the Supreme Court. Advisory Jurisdiction (Article 143) According to Article 143, the President of India shall refer to the Supreme Court for its advisory opinion on any question of law or fact of public importance. However, the Court's opinion is not binding but holds great persuasive value. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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