Introduction: The scope of powers of Supreme Court to hear and decide cases is called its jurisdiction. The Supreme Court has three types of jurisdictions namely original, appellate and advisory. Let us now examine the three jurisdictions.
I. Original Jurisdiction: There are certain cases which fall within the exclusive jurisdiction of the Supreme Court. It means that all such cases begin or originate in the Supreme Court, only. It also means that such cases cannot be initiated in any other court. The cases or disputes that come under the original jurisdiction are given below:
(i) (a) Disputes between the Government of India on the one side and one or more States on the other side.
(b) Disputes between the Government of India and one or more States on one side and one or more States on the other side.
(c) Disputes between two or more States.
(ii) The Supreme Court has been invested with special powers in the enforcement of Fundamental Rights. In this connection, it has the power to issue directions or writs (PIL).
(iii) Cases under Public Interests Litigation can also be heard directly. (This is an extra Constitutional practice; there is no mention of P.I.L. in the Constitution).
II. Appellate Jurisdiction: The power of a superior/higher court to hear and decide appeals against the judgment of a lower court is called appellate jurisdiction. The Supreme Court has vast appellate jurisdiction. It hears appeals against the judgment of the High Courts. Thus, it is the highest and the final Court of Appeal. If one of the parties to a dispute is not satisfied with the decision of the High Court, one can go to the Supreme Court and file an appeal. The appeals can be filled in Civil, Criminal and Constitutional cases.
(i) Appeals in Civil Cases: Disputes relating to property, marriage, money, contract and service etc. are called civil cases. If a civil case involves a substantial point of law of public importance needing interpretatation of the Constitution or law, an appeal against the High Court decision can be made to Supreme Court.
(ii) Appeals in Criminal Cases:
(a) An appeal may be brought to the Supreme Court against a High Court decision in a criminal case in a number of situations.
Firstly, if a High Court sets aside an appeal or an order of acquittal passed by a lower court and awards death sentence to the accused, he may bring an appeal to the Supreme Court by right.
(b) Secondly, appeal can also be made to the Supreme Court if the High Court withdraws a case from a lower court to itself, declares the accused guilty and awards death sentence. In this situation also appeals can be made as a matter of right and without certificate from the High Court.
(c) The appeal in cases other than these two categories may also be brought to the Supreme Court provided the High Court grants a certificate that the case is fit for appeal to the Supreme Court.
(iii) Appeals in Constitutional Cases: A constitutional case is neither a civil dispute, nor concerning a crime. It is a case arising out of different interpretations of Constitution, mainly regarding the fundamental rights. In such Constitutional Cases an appeal can be taken to the Supreme Court only if a High Court certifies that the matter in dispute involves a substantial question of law.
