SUPREME COURT OF INDIA: ITS

FUNCTIONS:
“The administration of justice is the foremost pillar of the Government.”
- George Washington.
There is no better test of the efficiency of the Government than to
consider the role that the judiciary plays in the political system. In a
Federation the Judiciary has broadly three important functions apart from
general functions of deciding disputes which are as follows:
1.he Supreme Court decides he disputes between the Centre and the
State or between two or more States.
2.The Supreme Court interprets the provision of the Constitution of India.
3.The Supreme Court acts as the guardian of the Constitution by exercising
the power of judicial review.
Asim Kumar Saha, SRO -I
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• One of the greatest legacies of the British Rule in India is the Judiciary
and legal set up. The Judiciary is perhaps the most important
limb of the Government. The Constitution of India provides for
an independent judiciary with Supreme Court at the apex and the
High Courts at the State level. The Supreme Court of India is the
highest tribunal of land. Part V Chapter IV (Articles 124 to 147) of
the Constitution of India deals with the Union Judiciary.
• The Indian Judiciary is regarded as an Integrated Judiciary.
• India has a single system of judiciary which looks like a pyramid. On
the other hand in the U.S.A. there is a Federal judiciary and State
judiciary, i.e. double Judiciary. But in India starting from the lowest
level at Civil Court at Sub Division level (earlier named as Munsif
Court) and ending at the Supreme Court at the apex there is a
single system of judiciary.
SUPREME COURT OF INDIA
STATE HIGH COURTS
SUBORDINATE COURTS OR LOWER COURTS
• After its inauguration on January 28, 1950, the Supreme
Court commenced its sittings in a part of the Parliament House. The
Asim Kumar Saha, SRO -I
Court moved into the present building in 1958.
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• WHAT ARE THE FUNCTIONS OF THE SUPREME COURT OF INDIA?

01. Original Jurisdiction

02. Appellate Jurisdiction
(a) Constitutional cases
(b) Civil cases
(c) Criminal cases

03. Advisory Jurisdction

04. As a Court of Records
05. As a Guardian of the a Constitution
06. Public Interest Litigations
07. Miscellaneous functions
• Appeals by Special Leave
• Writ Jurisdiction Asim Kumar Saha, SRO -I
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• The Supreme Court is the guardian of the individual

liberties and fundamental rights. It has the power to
declare a law passed by any legislature null and void
if it encroaches upon the fundamental rights
guaranteed to the people by the Constitution. For
the enforcement of fundamental rights, it can issue
writs in the nature of Habeas Corpus, Mandamus,
Certiorari, Prohibiton aind Qua- Warranto.
• A. Original Jurisdiction: It means when a case
when a case goes straight to the Supreme Court
without going before the subordinate Court. Article
131 of the Constitution of India provides for Original
Jurisdiction. Original jurisdiction is limited to
questions related between Union of India and State
Governments. Asim Kumar Saha, SRO -I
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• Firstly, it shall extend to the following cases:

(1) Between Central Government and one or mere
States,
(2) Between Central Government and one State on
one hand and one or more States on the other
hand,
(3) Between two or more States.
• So it is clear that in case that in case of
Original Jurisdiction no private case is considered
by the Supreme Court of India. According to Article
71(1) of the Constitution of India the Supreme
Court of India deals with the disputes of Election
of President and Vice-President.
Asim Kumar Saha, SRO -I
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B. Appellate Jurisdiction: When a case is filed before the

Hon'ble Supreme Court of India against the order passed by a lower
Court then it will attract Appellate jurisdiction of the Supreme
Court of India. There can be three types of cases which attracts
Appellate jurisdiction of the Hon'ble Supreme Court of India.
1. Constitutional cases,
2. Civil Cases,
3. Criminal Cases.
The appellate jurisdiction of the Supreme Court can be
invoked by a certificate granted by the High Court concerned
under Article 132(1), 133(1) or 134 of the Constitution in respect
of any judgment, decree or final order of a High Court in both civil
and criminal cases, involving substantial questions of law as to the
interpretation of the Constitution. Appeals also lie to the Supreme
Court in civil matters if the High Court concerned certifies: (a) that
the case involves a substantial question of law of general
importance, and (b) that, in the opinion of the High Court, the
Asim Kumar Saha, SRO -I
said question needs to be decided by the Supreme Court.
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• In criminal cases, an appeal lies to the Supreme

Court if the High Court (a) has on appeal reversed
an order of acquittal of an accused person and
sentenced him to death or to imprisonment for life or
for a period of not less than 10 years, or (b) has
withdrawn for trial before itself any case from any
Court subordinate to its authority and has in such
trial convicted the accused and sentenced him to
death or to imprisonment for life or for a period of not
less than 10 years, or (c) certified that the case is
a fit one for appeal to the Supreme Court. Parliament
is further authorised to confer on the Supreme Court
any further powers to entertain and hear appeals
from any judgment, final order or sentence in a
criminal proceeding ofAsimaKumar
High Court.
Saha, SRO -I
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• GRANT OF CERTIFICATE OF FITNESS TO APPEAL TO THE

SUPREME COURT:
• Article 134A enumerates that, "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 133 or clause (1) of 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.
• An appeal lies to the Supreme Court only after a
High Court grants a certificate. Such
Asim Kumar Saha, SRO -I a certificate can be
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2. Article 132(1) uses the expression civil, criminal and other

proceeding". The purpose of referring to other proceeding is
to emphasize that adjudications made in proceedings which
cannot be included in the description of civil or criminal
would still fall under Article 132(1) in case they raise a
substantial question of law as to the interpretation of the
Constitution. There are certain proceedings which may be
regarded as neither civil nor criminal e.g. proceeding for
contempt of court; for exercise of disciplinary jurisdiction
against lawyers or other professionals, such as chartered
accountants. Article 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.
3. The case ought to involve a question of law as to
interpretation of the Constitution. It means that decision on
the question of Constitutional law should be necessary
for the proper decisionAsimofKumarthe case.
Saha, SRO -I
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The question of interpretation can arise only if two or

more possible construction are sought to be placed on
a constitutional provision- one party suggesting one
construction and the other a different one. But
where the parties agree on the true interpretation
of a constitutional provision, or do not raise any
question in respect thereof, it is not possible to hold
that a question of interpretation of the Constitution has
arisen.
4. The question involved must be a "substantial question".
A question is not "substantial" when the law on the
subject has been finally and authoritatively settled by the
Supreme Court, and what remains to be done by the High
Court is only to apply that interpretation to the facts
before it.32 A substantial question does not mean a
question of general importance
Asim Kumar Saha, SRO -Ibut a question regarding
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• As a Federal Court: Supreme Court is the Federal Court of India,

India being a federation; powers are divided between the Union and
State governments. The Supreme Court of India is the final
authority to see to it that the division of powers as specified in
the constitution is obeyed by both the Union and the State
governments. So, Article 131 of the Indian Constitution vests
the Supreme Court with original and exclusive jurisdiction to
determine the justiciable disputes between the Union and the
States or between the States.
• Interpreter of the Constitution and Law: The responsibility
of interpreting the constitution rests on the Supreme Court.
The interpretation of the constitution which the Supreme Court
shall make must be accepted by all. It interprets the
constitution and preserves it. Where a case involves a
substantial question of law as to the interpretation of the
constitution either certified by the High Court or being satisfied by
the Supreme Court itself, an appeal shall lie to the Supreme
Court for interpretation of Asim
theKumar
question
Saha, SRO -I
of law raised.
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• As a Court of Appeal: The Supreme Court is the

highest court of appeal from all courts in the territory of
India. Appeal lies to the Supreme Court of the cases
involving interpretation of the constitution. Appeals in
respect of civil and criminal cases also lie to the Supreme
Court irrespective of any constitutional question.
• Advisory Role: The Supreme Court has an advisory
jurisdiction in offering its opinion an any question of law
or fact of public importance as may be referred to it for
consideration by the President.
• Guardian of the Constitution: The Supreme Court of
India is the guardian of the constitution. There are two
points of significance of the Supreme Court's rule as the
protector and guardian of the constitution.
Asim Kumar Saha, SRO -I
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• First, as the highest Federal Court, it is within the

power and authority of the Supreme Court to
settle any dispute regarding division of powers
between the Union and the States.
• Secondly, it is in the Supreme Court's authority
to safeguard the fundamental rights of the citizens.
• In order to discharge these two functions it is
sometimes necessary for the Supreme Court to
examine or review the legality of the laws enacted
by both the Union and the State Governments. This
is known as the power of Judicial Review. Indian
Supreme Court enjoys limited power of Judicial
Review.
Asim Kumar Saha, SRO -I
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• Writ Jurisdictions: Under Article 32 of the constitution of

Supreme Court can issue Writs for the enforcement of
fundamental rights. These writs are in the nature of Habeas
Corpus, Mandamas, Prohibition, Quo-warranto and
Certiorari.
• Power of Judicial Review and Supreme Court: The
power of the Judiciary to examine the validity of such law is
called Judicial Review. The Supreme Court of India enjoys limited
power of Judicial Review. Judicial Review empowers the courts to
invalidate laws passed by the legislature. Supreme Court of
India also enjoys the power of Judicial Review. If it occurs to the
Supreme Court that any law enacted by Parliament or by a
State Legislature curbs or threatens to curb the citizen's
fundamental rights, the Supreme Court may declare that
law as unlawful or unconstitutional. If any law is inconsistent
with the spirit or letter of the constitution and if the
government oversteps the legal
Asim Kumar bounds,
Saha, SRO -I it is for the Supreme
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• Court Of Record: The Supreme Court is a

Court of Record. It has two implications. All its
decisions and judgments are cited as
precedents in all courts of the country. They have
the force of law and are binding on all lower
Courts, and indeed the High Courts. As a Court of
Record, the Supreme Court can even send a
person to jail who may have committed contempt
of the court.
• Article 141 of the Constitution of India provides
"Law declared by the Supreme Court to be binding
on all Courts [within the territory of India.]
Asim Kumar Saha, SRO -I
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• WHAT IS SLP?
• Special Leave petition or SLP can be presented under
following circumstance: SLP can be filed against any
judgment or decree or order of any High Court/tribunal in
the territory of India. Or, SLP can be filed in case the High
Court refuses to grant the certificate of fitness for appeal to
Supreme Court of India.
• Special Leave Petitions in India (SLP) holds a prime place in
the Judiciary of India, and has been provided as a
"residual power" in the hands of Supreme Court of India
to be exercised only in cases when any substantial
question of law is involved, or gross injustice has been done.
• The Constitution of India under Article 136 vests the
Supreme Court of India with a special power to grant
special leave, to appeal against any judgment or order
or decree in any matter or cause, passed or made
Asim Kumar Saha, SRO -I
by any Court/tribunal in the territory of India.
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• This is special power, bestowed upon the Supreme Court

of India which is the Apex Court of the country, to grant
leave to appeal against any judgment in case any
substantial constitutional question of law is involved,
or gross injustice has been done.
• "Special leave petition]" or SLP provides the
aggrieved party a special permission to be heard in
Apex court in appeal against any judgment or order of
any Court/ tribunal in the territory of India.
• Special Leave petition or SLP can be
presented under following circumstance:
• SLP can be filed against any judgment or decree or order
of any High Court/tribunal in the territory of India. Or, SLP
can be filed in case the High Court refuses to grant
the certificate of fitness for appeal to Supreme Court of
India. Asim Kumar Saha, SRO -I
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Time frame within which SLP can be filed:

• SLP can be filed against any judgment of
High Court within 90 days from the date of
judgment.
• Or SLP can be filed within 60 days against
the order of the High Court refusing to grant
the certificate of fitness for appeal to Supreme
Court.
Who can file SLP?
• Any aggrieved party can file SLP against the
judgment or order of refusal of grant of
certificate.
Asim Kumar Saha, SRO -I
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Contents of SLP:
• This petition is required to state all the facts
that are necessary to enable the court to
determine whether SLP ought to be granted
or not. It is required to be signed by
Advocate on record. The petition should also
contain statement that the petitioner has
not filed any other petition in the High court.
• It should be accompanied by a certified copy of
judgment appealed against and an affidavit by
the petitioner verifying the same and should
also be accompanied by all the documents
that formed part of pleading in Lower court.
Asim Kumar Saha, SRO -I
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• The scope of power vested with the Supreme

Court of India under Article 136.
• The constitution of India vest "discretionary power"
in the Supreme Court of India. The Supreme Court
of India may in its discretion be able to grant
special leave to appeal from any judgment or decree
or order in any matter or cause made or passed by
any Court/tribunal in the territory of India. The
Supreme Court of India may also refuse to grant
the leave to appeal by exercising its discretion.
• An aggrieved party from the judgment or decree of
high court cannot claim special leave to appeal as a
right but it is privilege which the Supreme Court of
India is vested with and this leave to appeal can be
granted by it only. Asim Kumar Saha, SRO -I
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Judgments of various Courts of India on SLP:

• There is catena of judgments mentioning
about the scope of power of Hon'ble Supreme
Court under Article 136, the maintainability of
special leave petitions. The below mentioned are
some of prominent judgments mentioning
about SLP.
• Pritam Singh v. the State [AIR1950 SC 169]
• Kunhayammed vs. State of Kerala (2000) 245
ITR 360 (SC)
• Smt. Tej Kumari vs. CIT (2001) 247 ITR 210
• N. Suriyakala Vs. A. Mohan doss and Others
(2007) 9 SCC 196 Asim Kumar Saha, SRO -I
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• REVIEW PETITION:
• Article 137 of the Constitution provides that subject to
provisions of any law and rule made under Article 145 the
Supreme Court of India has the power to review any
judgment pronounced (or order made) by it. Under Supreme
Court Rules, 1966 such a petition needs to be filed within
30 days from the date of judgment or order. It is also
recommended that the petition should be circulated
without oral arguments to the same bench of judges that
delivered the judgment (or order) sought to be reviewed.
• In India, a binding decision of the Supreme Court/High
Court can be reviewed in Review Petition. The parties
aggrieved on any order of the Supreme Court on any
apparent error can file a review petition. Taking
into consideration the principle of stare decisis, courts
generally do not unsettle a decision, without a strong
Asim Kumar Saha, SRO -I
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• This provision regarding review is an exemption to the

legal principle of stare decisis. [The principle by which
judges are bound to precedents is known as
stare decisis. Black's Law Dictionary defines "precedent"
as a "rule of law established for the first time by a court
for a particular type of case and thereafter referred
to in deciding similar cases.]
Furthermore, even after dismissal of a review petition,
the Hon'ble Supreme Court may consider a curative
petition in order to prevent abuse of its process and to
cure gross miscarriage of justice.
• While a civil review petition can be moved in accordance
with Order XLVII,Rule1(1) of the Code of Civil
Procedure,1908 a criminal review petition can be
moved only on the ground of an error apparent on the
Asim Kumar Saha, SRO -I
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• CURATIVE PETITION:
• The concept of Curative petition was evolved by the Hon'ble
Supreme Court of India in the matter of Rupa Ashok Hurra vs.
Ashok Hurra and Anr. (2002) where the question arose whether
an aggrieved person is entitled to any relief against the
final judgment/ order of the Supreme Court, after
dismissal of a review petition. The Supreme Court in the said
case held that in order to prevent abuse of its process and to cure
gross miscarriage of justice, it may reconsider its judgments in
exercise of its inherent powers. For this purpose the Court has
devised what has been termed as a "curative" petition. In the
Curative petition, the petitioner is required to aver specifically
that the grounds mentioned therein had been taken in the
review petition filed earlier and that it was dismissed by
circulation. This has to be certified by a senior advocate. The
Curative petition is then circulated to the three senior most
judges and the judges who delivered the impugned
judgment, if available. No Asimtime
Kumar Saha,limit
SRO -I is given for filing Curative
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• CRITERIA:
To entertain the curative petitions, the court has laid down certain
specific conditions. Its laid down in order The requirements which are
needed in order to accept the curative petitions are:
1. The petitioner will have to establish that there was a genuine violation of
principles of natural justice and fear of the bias of the judge and
judgment that adversely affected him.
2. The petition shall state specifically that the grounds mentioned had
been taken in the review petition and that it was dismissed by circulation.
3. The curative petition must accompany certification by a senior lawyer
relating to the fulfillment of the above requirements.
4. The petition is to be sent to the three senior most judges and judges
of the bench who passed the judgment affecting the petition, if available.
5. If the majority of the judges on the above bench agree that the matter
needs hearing, then it would be sent to the same bench (as far as
possible).
6. The court could impose "exemplary costs" to the petitioner if his plea
lacks merit.
Asim Kumar Saha, SRO -I