34 CBSE Term II Political Science Class 11th

Subordinate Courts Appellate Jurisdiction

These courts consider the cases of civil and criminal The Supreme Court is the highest court of appeal. Appellate
nature. jurisdiction means that the Supreme Court will reconsider the
decisions made by the High Court in the constitutional matters and
Jurisdiction of Supreme Court decisions made by the lower court involving death sentence or criminal
The Supreme Court of India is one of the most matters, etc. However, the High Court must certify that the case is fit
powerful court in the world. However, it functions for appeal and the Supreme Court holds the power to decide whether
within the limitations imposed by the constitution. The to admit appeals even when appeal is not allowed by High Court.
Supreme Court has specific jurisdiction or scope of The Supreme Court can change the ruling and along with that also
powers. give new interpretation of provision involved, if it find necessary.
The High Courts too, have appellate jurisdiction over the decision
Jurisdiction given by courts below them.
of Supreme
Court Advisory Jurisdiction
of India
The Supreme Court of India possesses advisory jurisdiction, which
means that the President of India has the authority to refer any
Original Appellate Advisory matter of public interest or involving constitutional interpretation to
Settles Tries appeals Advises the
disputes from lower President on
the Supreme Court for advice. The Supreme Court, on the other
between courts in Civil, matters of hand, is not bound to provide advice on such matter, and the
Union and Criminal and public
States and Constitutional importance President is not bound to take such advice.
amongst cases and law
States. The utility of the advisory jurisdictions of Supreme Court is two fold
Writ (i) It allows the government to seek Legal opinion on a matter
Can issue writs of of importance before taking action on it. This may prevent
Habeas Corpus,
Mandamus, Prohibition, unneccessary litigations later.
Certiorari and Quo
warranto to protect the
(ii) The government can make suitable changes in its actions of
Fundamental Rights of the legislation in the light of the advice of Supreme Court.
individual.
Decisions made by Supreme Court are binding on other courts
Special Powers within the territory of India and are also enforceable throughout the
Can grant special leave to an appeal from any judgement
or matter passed by any court in the territory of India. length and breadth of the country. The Supreme Court itself is not
bound by its decision and can review it anytime as prescribed by
Jurisdictions of Supreme Court the provisions of the constitution.
Original Jurisdiction Article 137 of Constitution states that the Supreme Court shall have
power to review any judgement pronounced or order made by it.
Original jurisdiction means cases that can be directly
considered by the Supreme Court without going to the Article 144 states that all authorities, civil and judicial, in territory
lower courts before that. In any federal country, legal of India shall act in aid of Supreme Court.
disputes are bound to arise between union and the
Judiciary and Rights
states and among the states themselves.
Judiciary is entrusted with the task of protecting the rights of
The power to resolve such cases is entrusted to
individuals and the Supreme Court can remedy the violation of
Supreme Court of India. It is called original
rights in two ways as provided by the constitution
jurisdiction because Supreme Court alone has the
power to deal with such cases. Neither the High Court (i) Article 32 states that, it can restore Fundamentqal Rights by
nor the lower courts has the power to deal with such issuing various writs. The High Court also have the power
cases. The Supreme Court not just settles disputes but to issue writs which comes under Article 226.
also interprets the power of Union and State (ii) According to Article 13 the Supreme Court can declare the
government as laid down in the constitution. concerned law as unconstitutional and therefore,
non-operational. This involves Judicial Review.
Writ Jurisdiction
In case of violation of the Fundamental Rights, the Judicial Review
individual can approach the Supreme Court directly. It Judicial Review means the power of Supreme Court and High
give special orders to be followed in the form of writs. Courts to examine the constitutionality of any law. If the Court
This jurisdiction is known as writ jurisdiction. The arrives at the conclusion that the law is inconsistent with the
High Court can also issue writs, but the persons whose provisions of the constitution, such law is declared unconstitutional
rights are violated have the choice of either approaching and void. Together, the writ powers and the judicial review power
the High Court or approaching Supreme Court. of the court make judiciary very powerful.