SC Jurisdiction

Jurisdiction :

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

• Inherent Power - Subramanian Swamy vs Arun Shourie

• Compliance – Subrata Roy Sahara vs Union of India

• Two objects of Contempt Jurisdiction – Mininderjit Singh Bitta vs Union of India

• Special Jurisdiction – SCBA vs Union of India

• Truth as a Defence – Subramanian Swamy vs Arun Shourie

• Unfettered Suo Moto power of Contempt – Subramanian Swamy vs Arun Shourie

131. Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute.

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one side and one or more other States on the other; or

(c) 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

• Article 131 Jurisdiction is not for examining validity of laws – State of MP vs Union of India

• Constitutionality of Central Act examined under Article 131 – State of West Bengal vs UoI

• Rules of CPC not applicable to Article 131 – State of Karnataka vs Union of India

• Article 131 is a self contained code - State of Karnataka vs Union of India

• Reference to a larger bench (whether constitutionality of central act can be examined in the original suit under Article 131 – referred to larger bench in State of Jharkhand vs State of Bihar)

132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases ( 1 ) 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 t the interpretation of this Constitution

(2) Omitted

(3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided Explanation For the purposes of this article, the expression final order includes an order declaring an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case

133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

(1) 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

(a) that the case involves a substantial question of law of general importance; and

(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court

(2) Notwithstanding anything in Article 132, any party appealing to the Supreme Court under clause ( 1 ) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided

(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court

134. Appellate jurisdiction of Supreme Court in regard to criminal matters

(1) 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

(c) certifies under Article 134A that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub clause (c) shall lie subject to such provisions as may be made in that behalf under clause ( 1 ) of Article 145 and to such conditions as the High Court may establish or require

(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law

134A. Certificate for appeal to the Supreme Court Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause ( 1 ) of Article 132 or clause ( 1 ) of Article 133, or clause ( 1 ) of Article 134

(a) may, if it deems fit so to do, on its own motion; and

(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause ( 1 ) of Article 132, or clause ( 1 ) of Article 133 or, as the case may be, sub clause (c) of clause ( 1 ) of Article 134, may be given in respect of that case

• Substantial Question of Law – Madras Bar Association

• What are substantial Question of Law – Chunilal V Mehta & Sons Ltd vs Century Spg & Mfg Co. Ltd

• Substantial question of law – Public Importance – Madras Bar Association vs Union of India

135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law

136. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, 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 in the territory of India

(2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces

• Under Article 136 SC does not act as third appellate court – Jaswant Singh vs State of Punjab

• Leave Once Granted could be revoked at later stage – Indo China Steam Navigation Co. Ltd vs Jasjit Singh, Addl. Collector of Custom

• Basic Principle of Article 136 – There is one superior court where a litigant can approach when he/she feels injustice is done – Anurag Kumar vs Mohan Lal

• Similarly Situated appeals and non filing of SLP against the order of High Court – Surendra Nath Pandey vs U.P. Cooperative Bank Ltd.

• Not a regular form of Appeal – N Suriyakala vs A Mohandoss

• Uniform Standard for granting Special Leave – Pritam Singh vs State

• Power of Article 136 to be invoked not in a routine fashion but in exceptional circumstances – Jamshed Hormusji Wadia vs Board of Trustees Port of Mumbai

• Doctrine of Merger and Article 136 – Kunhayammed vs State of Kerala

• Interference by Supreme Court under Article 136 in case against Grant of Bail by Courts below – State of Maharashtra vs Pappu @Suresh Budhramal Kalani

• Summarily dismissal of SLP – Delhi Administration vs Madan Lal Nangia

• Re Appreciation of Evidence – Bhagwan Singh vs State of MP / State of Rajasthan vs Shera Ram @ Vishnu Dutta

• Concurrent findings on Fact – Ganga Bishan vs Jay Narayan

• Scope and nature of Power under article 136 – referred to larger bench in Mathai @Joby vs George

• In Limine Dismissal – Gangadhara Palo vs The Revenue Divisional Officer / Y Satyanarayan Reddy vs Mandal Revenue Officer A.P.S

137. Review of judgments or orders by the Supreme Court Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.

• Review is not re-hearing – Kamlesh Verma vs Ms Mayawati

• Guidelines for maintaining Review Petition in Civil Matters – Kamlesh Verma vs Ms. Mayawati

• Power to Modify – Subrata Roy Sahara vs Union of India

• Oral Hearing in Review Petition not Mandatory – PN Eswara Iyer vs Registrar, Supreme Court

• Oral Hearing in Death Matters in Review Petition – a constitutional mandate – Mohd Arif vs Registrar, Supreme Court

138. Enlargement of the jurisdiction of the Supreme Court

(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer

(2) The Supreme Court shall have such further jurisdiction, and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court

139. Conferment on the Supreme Court of powers to issue certain writs Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause ( 2 ) of Article 32

139A. Transfer of certain cases

(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

(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

140. Ancillary powers of Supreme Court Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution

141. Law declared by Supreme Court to be binding on all courts The law declared by the Supreme Court shall be binding on all courts within the territory of India

• Principle of Precedent / Binding nature of decisions – Central Board of Dawoodi Bohra Community vs State of Maharashtra

• Record of Reason of Reference to Larger Bench – State of Jharkhand vs State of Bihar

• Ratio Decidendi – Manish Trivedi vs State of Rajasthan

• Principle of Precedence – Dashrath Rup Singh Rathod vs State of Maharashtra

• What Constitute Precedent – State of Punjab vs Baldev Singh

• Obiter Dictum – Balwant Rai Saluja vs Air India Ltd

• Binding Nature of Decision - Balwant Rai Saluja vs Air India Ltd

• Precedent - Balwant Rai Saluja vs Air India Ltd

• Law Declared by This Court – CIT vs Sun Engineering Works p Ltd

• Strength of Bench and Not nature of decision makes a binding precedent – Union of India vs Narala Yadav

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142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made 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

(2) 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.

• Purpose – Zahira Habibullah Sheikh vs State of Gujarat

• Justice according to law – Secretary, State of Karnataka vs Uma Devi

• Nature of Power – Delhi Judicial Service Association vs State of Gujarat / Manohar Lal Sharma vs Principal Secretary

• Curative Power – Supreme Court Bar Association vs Union of India

• Basic Concept – Arjun KHiamal Makhijani vs Jamnadas C Tuliani

143. Power of President to consult Supreme Court ( 1 ) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon

(2) The President may, notwithstanding anything in the proviso to Article 131, 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

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

145. Rules of Court, etc

(1) Subject to the provisions of any law made by 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 including

(a) rules as to the persons practising before the Court,

(b) rules as to the procedure for hearing appeals, and other matters pertaining to appeals including the time within which appeals to the Court are to be entered;

(cc) rules as to the proceedings in the Court under Article 139A;

(d) rules as to the entertainment of appeals under sub clause (c) of clause ( 1 ) of Article 134;

(e) any judgment pronounced or order made by the Court may be received and rules as to the conditions the procedure for such review including the time within which applications to the Court for such review are to be entered;

(f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceeding therein;

(g) rules as to the granting of bail;

(h) rules as to stay of proceedings;

(i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay;

(j) rules as to the procedure for inquiries referred to in clause ( 1 ) of Article 317

(2) Subject to the provisions of clause ( 3 ), rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts

(3) The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five: Provided that, where the Court hearing an appeal under any of the provisions of this chapter other than Article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion

(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under Article 143 save in accordance with an opinion also delivered in open Court

(5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion

146. Officers and servants and the expenses of the Supreme Court

(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission

(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President

(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the offices and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the court shall form part of that Fund

• Legislative Power – Supreme Court Employees Welfare Association vs Union of India