BANARAS HINDU UNIVERSITY,

FACULTY OF LAW
SESSION 2020-2025 (BA.LLB 2st Semester)

LEGAL METHOD ASSIGNMENT

TOPIC: “COMPOSITION AND JURISDICTION OF THE SUPREME
COURT”

Submitted by: Submitted to:

DR. Laxman Singh Rawat
Shivangi Singh-20225BLT020
COMPOSITION OF THE SUPREME COURT
The Supreme Court of India started functioning on 28th January, 1950, two
days after it was established through the enactment of the Constitution of India
on 26th January, 1950. The court started its functioning in the ‘Chamber of
Prince’ of the Parliament building which conducted the proceedings of The
Federal Court from 1937 to 1950, for 12 years. The Chamber of Prince also
accommodated the Parliament of India; The House of the People and The House
of the Representatives. Initially the Supreme Court included seven judges
excluding the Chief Justice H.J. Kania.
After its inauguration the Supreme Court started its proceeding in part of the
Parliamentary building, thereafter the proceedings shifted to the current building
in 1958.
Initially, the Supreme Court of India had 8 judges and they used to sit together
to hear cases. Over the years, the number of judges of the Supreme court has
been increased six times by the legislature, it was increased for the first time in
1958 from eight to eleven. The last amendment of Article 124(1) in 2019,
increased the number of judges to thirty-four (33+1). Also, the judges of The
Supreme Court do not sit en bloc to hear cases, rather they sit in much smaller
benches of 2 or 3 to hear the increasing number of cases.
It is also important to note that The Supreme Court is established through
Article 124 of The Indian Constitution which says that there shall be a Supreme
Court of India. The Chapter IV, Part V 0f The Constitution under the heading
‘The Union Judiciary’ enlists the formation, composition and jurisdiction of
the apex court. The motto of the Supreme Court is yato dharamastato jayah,
from Mahabharat, which means ‘where there is dharma, there is victory’.
The Supreme Court acts as the guardian of the constitution, the highest court of
appeal and can also issue writs to enforce fundamental rights. Also, it is rightly
said that the power and jurisdiction and power of The Supreme Court are wider
than those exercised by the highest court of any other country country.1
Currently, the Supreme Court has 34 judges. The 48th Chief Justice of India is
Justice N.V. Ramana. The collegium which consists of four senior most judges
include Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit, Justice Ajay
Manikrao Khanwilkar and Justice Dhananjay Yashwant Chandrachud. The
Collegium which consists of The Chief Justice and four senior most judges of
The Supreme Court appoints and transfers judges in all the High Courts and the
Supreme Court.

1. Attorney-General of India (1956) S.C.R.8; A.K. Aiyar, The Constitution and Fundamental Rights,
1955, p.15 cited in D.D. Basu, Introduction to the Constitution of India, p.311, 2011
JURISDICTION OF SUPREME COURT
Jurisdiction refers to the power to make legal decisions and judgements, it is the
general authority of a court to adjudicate a legal matter. It is impertinent that the
court must adjudicate within its jurisdiction otherwise the judgement of court
would be invalid or void. It is the extent of the power of the court to make legal
decisions and judgements.

The jurisdiction of the Supreme Court is three-fold;

1. Original jurisdiction

2. Appellate jurisdiction

3. Advisory jurisdiction

1. Original jurisdiction

The original jurisdiction of the Supreme Court is explained under Article 131 of
The Constitution. Under, this jurisdiction the court acts mainly as a federal court
balancing between the centre and the state; the units of a federal government.
Since, power is divided between the centre and the state the Supreme courts acts
as the authority to solve disputers between them and to maintain the distribution
of power as prescribed by the Constitution. This also covers disputes between
different states.

Under Article 131, the Supreme has original jurisdiction over cases between The
Government of India and a State or any State on one side while on the other side
there can be one or more states.

The Supreme Court has exclusive right to hear cases between the central
government and the state government/s. No other court can hear cases involving
the power struggle between the federal units of the constitution.

Until now, no suit has been decided by the Supreme Court under Article 131 i.e.,
the original jurisdiction of the Supreme Court involving disputes between states
and the centre. The disputes are usually solved through discussion between the
parties. The first case involving such a dispute reached Supreme Court in 1962,
wherein the State of West Bengal challenged the constitutionality of Coal
bearing areas (Acquisition and Development) Act, 1957,2 this case was
dismissed by the Supreme Court

2. State of West Bengal v. Union of India, (1963), S.C. 1241

Exceptions
However, there are some exceptions to this, under the proviso of Article 131, the
Supreme Court cannot hear disputes connected to any treaty, covenant,
engagement, Sanad etc which has been entered before the commencement of the
Indian constitution.

Also, under Article 262(2) and Section 11 of The Inter-State Water Disputes
Act,1952, the Supreme Court cannot intervene in inter-water disputes between
the states, related to the use, distribution and control of the water in any interstate
river or river valley.

WRITS
The original jurisdiction of the Supreme Court also covers the writ jurisdiction,
which is mentioned under Article 32 of the Constitution. A person can directly
approach The Supreme Court in case of violation of a fundamental right. The
court can issue writs such as Habeas Corpus, Mandamus, Prohibition and Quo
Warranto and Certiorari to enforce the rights of the people. The Supreme court
acts as the guardian of liberty and the fundamental rights.

Also, under Article 139(a), the Supreme Court also holds the right to withdraw
cases from one or more high courts if it involves a substantial question of law and
would be better to be adjudicated directly by the Supreme court.

Appellate Jurisdiction

The Supreme Court is the highest court of appeal in India since the role of the
Privy Council has been abolished since the eve of Independence of India. The
appellate jurisdiction can be divided under three heads;

1.constitutional matters

2. civil matters

3.criminal matters

1. Constitutional matters; Under Article 132 of the constitution, appeal lies with
the Supreme Court in case of civil, criminal or constitutional matters if involves
a substantial question of law. The power to hear appeals by Supreme court is
really broad as it is considered to be guardian of our constitution. However, it is
a prerequisite that the specific High Court gives a certificate stating that the said
judgement involves a substantial matter of law.

This certificate is granted when the following conditions are fulfilled;

 1. An appeal lies for a decree or final order of a court
2. It should involve a question of law which focuses on the interpretation of
the constitution
3. It should involve a substantial question of law i.e.; the it should be
debatable and not have been settled by the Supreme court beforehand in a
precedent.

2. Civil matters; An appeal lies with the Supreme Court in case of civil
proceedings of a High Court in India, if some conditions under Article 134(a) are
satisfied;

1. The case involves a substantial question of law of general importance

2. The High Court believes that issue should be dealt by the Supreme Court;
it involves a question which is being raised in different high courts of the
country at the same time, therefore it will be easier if it directly appealed
to the Supreme Court.
3. Also, the Parliament has the power to make exceptions by law to appeal to
the Supreme Court

3.Criminal matters; According to Article 134, appeal lies with the Supreme
Court in case of criminal proceedings of a high court under the following
conditions;

1. If the high court has reversed the decision of acquittal of an accused

person and ordered death sentence {Article 134(1)(a)}
2. The High Court has withdrawn from trial of a case from a lower
court which involves the conviction of death sentence to the accused
{Article 134 (1)(b)}

Also, it is important to note that in case of a death sentence, appeal to the Supreme
Court exists as a matter of right i.e., right to appeal to a higher court without
needing approval from any lower court.

Appeal also lies with the Supreme Court in case of criminal cases, if a High Court
gives a certificate for appeal under Article 132, as it involves a substantial
question of law or matter of public importance.

A High Court is expected to use its discretionary power judiciously and not on
vague terms. As stated by the Supreme Court in Babu vs State of Uttar Pradesh
3
, “the power under Article 134(1)(c) conferred on the High Court is discretionary
which is to be exercised on judicial principles.”

Other than the above-mentioned conditions, the Parliament can also widen the
scope of appeal of the Supreme Court in case of criminal proceedings

3. Babu vs State of Uttar Pradesh (1965), S.C.R. (2) 721

Special leave petition covers the residuary powers of the Supreme Court under
Article 136. It focuses on the cases which may require the interference of the
Supreme Court to serve justice to the people, beyond the scope of appeal under
Article 132 to Article 134. It does not have the prerequisite of a certificate from
a High Court. It is discretionary power of the Supreme Court to take cases
involving any decree, order or judgement passed by any court or tribunal in the
territory of India.

The Supreme Court has itself laid down guidelines for appeal in case of special
leave petition. It is to be used in exceptional circumstances for e.g., violation of
natural justice.

In case of civil cases, special leave to appeal lies with the Supreme Court if a
substantial question of law or general public interest is involved in the case.

In criminal proceedings of any court, an appeal lies with the Supreme Court in
exceptional circumstances of grave injustice. It presents features of sufficient
gravity to warrant a review of the decision appealed against.4

For judgements of tribunals, the Supreme Court will not substitute the decision
of the said tribunal however it will quash the decision of the tribunal if it exceeds
it jurisdiction or if the tribunal adopts a procedure which runs counter to the
established rules of natural justice.

Advisory role of the Supreme Court

The Supreme Court beyond its judiciary capacity also acts as an advisor to the
President under Article 143 of the Constitution. It is used when the question is of
such nature or of such public importance that it is ‘expedient’ to obtain the
opinion of the Supreme Court. The opinion given by the Supreme Court is not
binding on the President or the government. The opinion is only advisory, which
the President is free to follow or not to follow.5 Also, it does not set a precedent
for the subordinate courts.

The pre-constitutional treaties or agreements which are beyond the scope of the
Supreme Court’s jurisdiction under the proviso Article 131, can also be referred
to under its advisory capacity. {Article 143(2)}

The advisory capacity of the Supreme Court can also extend to water disputes
under Article 143(2), as the non-obstante clause mentions it does not take into
consideration the proviso of Article 131. For e.g., in the case of Cauvery Dispute
Tribunal 6 involving the distribution of Cauvery between Karnataka and Tamil

4. Pritam Singh v. The State, (1965), SCR 453

5. Keshav Singh v. The Speaker, Legislative Assembly…., AIR 1965, All 349
6. Cauvery Dispute Tribunal matter, AIR 1992, SC 522
 Nadu. The President used the consultation powers under Article 143 to refer for
advice to the Supreme Court.

The Supreme Court is not bound to give advice to the government as witnessed
in Ismail Faruqui vs Union of India,7asking if a temple existed in the exact site
of the Babri Masjid, the Supreme Court refused to give an opinion and stood that
it is superfluous and unnecessary, moreover it was unsecular since it favoured
one religious community over the other.

Cleary, the advisory capacity of the Supreme Court is beyond its judicial capacity
and is therefore not binding on the lower courts, though it is highly persuasive.
The advice given by the Supreme Court, in Delhi Law case 8 regarding the
validity of the act, has been frequently referred to and followed by the subordinate
courts.

CONCLUSION
The Supreme Court has mainly three jurisdictions; original, appellate and
advisory. Beside this the Supreme Court also has the capacity to handle petitions
connected to the elections of the President and the Vice President. The apex court
also has the power to do complete justice by passing any order or decree under
Article 142(1).

We discussed the original jurisdiction of the Supreme Court which gives the
people the power to directly appeal to the Supreme Court under Article 32, which
Dr.B.R. Ambedkar called the heart and soul of the constitution. We further
focused on the role of the Supreme Court as the balancing power between the
federal units of the state machinery.

The appellate jurisdiction of the Supreme Court relies heavily on certification

provided by the high court for further appeal. We looked into its exceptions in
case of special leave petition where the apex court could take up cases for appeal
on its own from any court or tribunal in the country.

The advisory jurisdiction of the Supreme Court to provide consultation to the

President on matters of general importance and pre-constitutional treaties
reflected on the wide duties and power the Supreme Court exercises.

Overall, we discussed the limitations and extend of the judicial powers of the
Supreme Court. We saw how over the years the Supreme as the apex court and
the court of record has shaped the judicial structure in India.

7. Ismail Faruqui v. Union of India (1995), AIR 1995 SC 605 A

8. Delhi Law case, (1951), S.C.R. 457
BIBLIOGRAPHY
1. Basu, D.D.; Introduction to the Constitution of India, Lexis Nexis,
Nagpur, 20th Edition, 2011
2. https://www.legalbites.in/jurisdiction-of-supreme-court-india/
3. https://www.lawctopus.com/academike/advisory-jurisdiction-article-
143/