COVER PAGE

TITLE - JURISDICTIONS OF SUPREME COURT

{ARTICLES : 131,132,133,134,134-A,135,143}

Author’s Name - ASHWINA NAMTA

University - ICFAI University, Dehradun

Program Enrolled - BALLB (Hons)

Year of Study - 3 rd Year (5th Semester)

E-mail Id - ashwinanamta8@gmail.com

Contact No. - 9816613751

Address - Namta Sadan, Below Mammu building,

Sanajuli ,Shimla 171006, Himacha Pradesh

 JURISDICTIONS OF SUPREME COURT

{ARTICLES : 131,132,133,134,134-A,135,143}

ABSTRACT

The matter presented here talks about the various jurisdictions of Supreme Court. Previously
Federal court constituted under the Government of India Act 1935, was considered to be the apex
court of India which was structured during the British rule. Then in 1950, the supreme court was
established. The jurisdiction of the Hon’ble Supreme Court under our constitution is vast. The
Supreme Court of India is the highest judicial court and the final court of appeal under the
Constitution of India, the highest constitutional court, with the power of judicial review. The
Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original
jurisdiction extends to any dispute between the Government of India and one or more States or
between the Government of India and any State or States on one side and one or more States on
the other or between two or more States, if and insofar as the dispute involves any question
(whether of law or of fact) on which the existence or extent of a legal right depends.It is the apex
court of appeal in respect of all the matters. What follows would give us an idea about the
extensive jurisdiction our apex court enjoys as well as the powers conferred upon the court under
our constitution.

INTRODUCTION

WHAT IS JURISDICTION?

Jurisdiction can be defined as the limit of a judicial authority or the extent to which a court of
law can exercise its authority over suits, cases, appeals etc.

Jurisdiction of the Supreme Court

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original
jurisdiction extends to any dispute between the Government of India and one or more States or
between the Government of India and any State or States on one side and one or more States on
the other or between two or more States, if and insofar as the dispute involves any question
(whether of law or of fact) on which the existence or extent of a legal right depends. In addition,
Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in
regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer
of any civil or criminal case from one State High Court to another State High Court or from a
Court subordinate to another State High Court. The Supreme Court, if satisfied that cases
involving the same or substantially the same questions of law are pending before it and one or
more High Courts or before two or more High Courts and that such questions are substantial
questions of general importance, may withdraw a case or cases pending before the High Court or
High Courts and dispose of all such cases itself. Under the Arbitration and Conciliation Act,
1996, International Commercial Arbitration can also be initiated in the Supreme Court.

 ART131. 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 extend of a legal right depends :

In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
State of Bihar v. Union of India ,1: AIR 1970 SC 1446 .The Supreme Court observed that the
express words of clauses (a), (b) and (c) of article 131 exclude the idea of a private citizen, a firm
or a corporation fighting as a disputant either alone or even along with a State or with
Government of India in the category of a party to the dispute.

Further, this jurisdiction of the Supreme Court does not extend to the following:

1. A dispute arising out of any pre-Constitution treaty, agreement, covenant,

2. engagement, sanad or other similar instrument.
3. A dispute arising out of any treaty, agreement, etc.,which specifically provides that the
said jurisdiction does not extent to such a dispute.
4. Inter-state water disputes.
5. Matters referred to the Finance Commission.
6. Adjustment of certain expenses and pensions between the Centre and the states.
7. Ordinary dispute of Commercial nature between the Centre and the states.
8. Recovery of damages by a state against the Centre. 2

A court is considered to have original jurisdiction when it has authority to hear and determine a
case at the first instance. The court has got exclusive jurisdiction when no other court has the
authority to hear and decide the case. What is necessary to consider under Art.131 is that the
existence or extent of a legal right must be in issue in the dispute between the parties, that is,
between the government of India and one or more states, etc. M/s Tashi Delek Gaming
Solutions Ltd. v. State of Karnataka,: AIR 2006 SC 661 3. The enlarged definition of "State" in
article 12 does not apply under article 131. Even statutory corporations are not State under article
131.

 ART132. APPELLATE JURISDICTION OF THE SUPREME COURT

The Hon’ble Supreme Court is the final authority on questions involving theinterpretation of the
constitution. Different opinions by different High Courts onconstitutional questions creates
confusion among the lawyers and citizens, therefore Art.132 provides that an appeal shall lie to

1
State of Bihar v. Union of India, : AIR 1970 SC 1446
2
Drishti-“Important Institution Supreme Court of India”https://www.drishtiias.com/supreme-court
3
M/s Tashi Delek Gaming Solutions Ltd. v. State of Karnataka,: AIR 2006 SC 661
the Hon’ble Supreme Court from any judgment, decree or final order of a High Court, whether in
civil or criminal or other proceeding, if the Hon’ble High Court certifies that the case involves a
substantial question of law as to the interpretation of the constitution. 4 The Supreme Court is
primarily a court of appeal and hears appeals against the judgements of the lower courts. It
enjoys a wide appellate jurisdiction which can be classified under four heads:

1. Appeals in constitutional matters

2. Appeals in civil matters
3. Appeals in criminal matters
4. Appeals by special leave

State of Orissa v. Madan Gopal Rungta, AIR 1952 SC 12 5 The Supreme Court treated the
High Court order as final as it finally disposed of the writ petition and the fact that the order was
to operate for a limited duration would not make it other than a final order for the purpose of
appeal under article 132 against such order. Ramesh v. Gendalal Motilal Patni, AIR 1966 SC
6
1445Article 132 excludes no decision if it involves a substantial question of constitutional
interpretation provided that the decision may be characterized as a judgment, decree or final
order.

 ART-133 Supreme Court’s appellate jurisdiction in civil matters

An appeal in Civil matters

Civil matters- if case involves substantial question of law of general importance

Article 133 talks about the appeal in the case of constitutional matters.

Let’s have a look at it-

 It says that the appeal shall lie to the Supreme court only if the High Court certifies
that it fulfils the condition given in the Article 134A which says that the matter
should contain a substantial question of law and in the opinion of the High Court the
matter should be passed on to the Supreme Court.

4
https://www.clearias.com/union-judiciary-supreme-court/
5
State of Orissa v. Madan Gopal Rungta, AIR 1952 SC 12 )
6
Ramesh v. Gendalal Motilal Patni, AIR 1966 SC
  This Article again emphasizes in its clause (2) that a question of law should be
wrongly decided by the High court.
 In its clause (3), it states that notwithstanding anything stated in this Article, any
appeal will not lie before the Supreme Court until the Parliament specifies.

Mahadeo Sahni v. State of Bihar, AIR 2002 SC 7:. The Supreme Court held that only in case of
miscarriage of justice and perversity the Apex Court can re-appropriate the evidence so that
technically should not outweigh the course of justice and in the instant case refused to interfere

Management of Hindustan Commercial Bank Ltd., Kanpur v. Bhagwan Dass, AIR 1965 SC
8
appeal shall lie to the Supreme Court from the judgment, decree or final order of a single Judge
of a High Court. This prohibition may, however be, removed by a law made by Parliament under
this article. Such a law will not be an amendment of the Constitution.

 Article 134. Appellate jurisdiction of Supreme Court in regard to criminal

matters

MEANING

Criminal matters -if high court has on appeal reversed the order of acquittal of an accused
and sentenced him to death or has withdrawn for trial before itself any case from subordinate
court 9

Article 134 confers a limited criminal appellate jurisdiction on the Supreme Court. The Supreme
Court hears appeals only in exceptional criminal cases where justice demands interference by the
Apex Court. It was necessary to restrict the flow of criminal appeals to the Supreme Court
otherwise a large number of such appeals would have made it physically impossible for the court
to cope with them.

7
Mahadeo Sahni v. State of Bihar, AIR 2002 SC
8
Management of Hindustan Commercial Bank Ltd., Kanpur v. Bhagwan Dass, AIR 1965 SC
9
HEMANT SINGH “Supreme Court of India: Composition,Power and Functions”, MAR 30,2019
https://www.jagranjosh.com/general-knowledge/supreme-court
Article 134 says about the appeal to the Supreme Court when the matter is of criminal nature.
Let’s have a quick look at it-

The appeal would lie before the Supreme Court when the High Court-

 On appeal, has reversed the acquittal of the person and he has been sentenced to death; or
 Withdraws any case from a subordinate court and has announced the conviction of the
person or death sentence; or
 Has considered the case to be fit to be presented before the Supreme Court on the basis of
Article 134A.

Tarachand Damu Sutar v. State of Maharashtra, AIR 1962 SC 130 10:. The accused was
charged for murder under section 302, IPC. The Trial Court convicted him under section 304,
IPC instead of section 302. On appeal, the High Court reversed the order of the Trial Court and
convicted under section 302, IPC and sentenced him to death. The Supreme Court held that the
accused was entitled to appeal under article 134(1) (a) as the word 'acquittal' therein does not
mean complete acquittal.

 ART 134-A :Certificate for appeal to the Supreme Court

As mentioned earlier in this article, Article 134A provides for a checklist to certify that the case
is fit to be presented before the Court. This article basically provides the certificate for the appeal
to the Supreme Court.

These checkpoints are as follows-

 If the High Court deems it fit to do so in the motion of its own.

 If the aggrieved party just after the judgment is passed makes an oral application.
 The decisions are to be made with respect to Articles 132(1), Article 133(1) and Article
134(1)

State Bank of India v. S.B.I. Employees' Union, AIR 1987 SC 2203 11: The Supreme Court
revoked a certificate issued by a Single Judge of the High Court because clearly the appeal

10
Tarachand Damu Sutar v. State of Maharashtra, AIR 1962 SC 130
11
State Bank of India v. S.B.I. Employees' Union, AIR 1987 SC 2203
 did not fall within article 132 and 134 and though it could fall within article 133(1), it
contravened clause (3) of that Article which denies appeal from the judgment, etc., of a
single judge of a High Court.

 Article 135. Jurisdiction and powers of the Federal 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.

Garikapati Veeraya v. U.N. Subbiah Choudhry, AIR 1957 SC 540 12:. An appeal will lie to
the Supreme Court from a judgment, decree or final order of the High Court given in a suit or
proceeding instituted before the commencement of the Constitution if it satisfy the conditions
of valuation under the law existing at the commencement of the Constitution.

CONCLUSION

It can be concluded that the supreme court is the apex judicial authority of India. The supreme
court has very wide jurisdiction and it enjoys enormous powers and functions which it performs
for the general interest of the public. It is the protector of the fundamental rights of an individual
and through its grand vision interprets the provisions of the constitution.It guarantees the socio-
economic justice to the citizens of India and makes laws which are of unquestionable nature and
binding upon all the other courts.

12
Garikapati Veeraya v. U.N. Subbiah Choudhry, AIR 1957 SC 540