History & Civics
The Country's judicial system has a Supreme Court at its apex. It has an extensive Jurisdiction. In this context discuss the following:
(a) Its Original Jurisdiction
(b) Its Appellate Jurisdiction
Supreme Court
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Answer
(a) The Original Jurisdiction extends to those cases in which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction entertains suits in the following cases:
- A dispute between the Government of India and one or more States.
- Disputes between two or more States.
- A dispute between the Union and any State on one side and other States on the other.
- The Supreme Court entertains suits for the enforcement of Fundamental Rights also. This Jurisdiction is not exclusive, because High Courts also issue writs to enforce rights.
- Original jurisdiction extends to such other cases in which an interpretation of the Constitution is involved.
(b) The Supreme Court is the final Court of Appeal. An appeal lies to the Supreme Court from any judgement or final order of a High Court in India. The appellate jurisdiction extends to the following cases:
- Constitutional Cases — On matters involving interpretation of the Constitution the Supreme Court has the last word to say.
- Civil Cases — Appeals in civil matters lie to the Supreme Court, if the High Court certifies
(a) that the case involves a substantial question of law of general importance,
(b) that the question needs to be decided by the Supreme Court. There is no bar on Supreme Court's power to grant special leave to appeal in suitable cases. - Appeals in Criminal Matters — There are two ways in which an appeal in criminal matters may be brought before the Supreme Court.
(i) Without a Certificate of the High Court
(ii) With a Certificate of the High Court
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Related Questions
With reference to the composition and organisation of the Supreme Court, explain the following:
(a) Manner of Appointment of the Judges
Or
Who appoints the judges of the Supreme Court? What procedure needs to be followed in appointing the Judges?
(b) Qualifications for appointment as a Judge
(c) Term of Office of Judges
With reference to the Independence and Impartiality of the Supreme Court, answer the following questions:
(a) Why is the Judiciary kept independent of the control of Executive and Legislature?
(b) Explain the role of these factors in securing Independence of the Supreme Court:
- Security of Tenure,
- Security of Salary and Allowances, and
- Power to punish for Contempt of itself
With reference to powers and functions of the Supreme Court answer the following questions:
(a) What is its Advisory or Consultative Jurisdiction?
(b) What is its Revisory Jurisdiction?
(c) What is meant by the statement that the Supreme Court is a Court of Record?
With reference to the Supreme court's role as protector of Fundamental Rights, explain the significance of the following Writs:
(a) Writ of Habeas Corpus
(b) Writ of Mandamus
(c) Writ of Quo Warranto
Or
How does the Constitution ensure that the Supreme Court acts as Custodian (Guardian) of the Fundamental Rights?