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History & Civics

The Supreme Court has extensive jurisdiction. In this context answer the following:

(a) What is meant by 'Appellate Jurisdiction'? Name two types of cases in which an appeal shall lie to the Supreme Court.

(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the Supreme Court may be required to express its opinion.

(c) What is meant by Revisory Jurisdiction of the Supreme Court?

Supreme Court

ICSE

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Answer

(a) Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered by any court in the country. The appellate jurisdiction extends to Constitutional, civil and criminal cases.

Two types of cases in which an Appeal shall lie to the Supreme Court are-

  1. Constitutional cases
  2. Civil cases

(b) The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President of India.

The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:

  1. Any question of law may be referred to the Supreme Court if the President considers that the question is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the Supreme Court.
  2. Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction by Article 131.

(c) The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court.

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