4.4.2 Supreme Court and High Court: Jurisdiction

1. Jurisdiction of the Supreme Court of India

(Articles 131, 132–136, 137–140, 32)

The Supreme Court is the highest court with wide jurisdiction.

1. Original Jurisdiction (Article 131)

Supreme Court hears disputes directly (not through appeal) between:

1. Government of India vs. One or more States

2. State vs. State disputes

3. Centre + State vs. Another State

Examples: River water disputes, boundary disputes.

2. Writ Jurisdiction (Article 32)

Supreme Court protects Fundamental Rights.
It can issue 5 writs:

• Habeas Corpus

• Mandamus

• Certiorari

• Prohibition

• Quo Warranto

Dr. Ambedkar: “Article 32 is the heart and soul of the Constitution.”

3. Appellate Jurisdiction

Supreme Court hears appeals from High Courts in:

A. Constitutional Matters (Article 132)

Appeal allowed if the case involves a constitutional question.

B. Civil Matters (Article 133)

Appeals in civil cases if High Court certifies that the case involves a substantial question of law.

C. Criminal Matters (Article 134)

Appeals when:

• Death penalty is awarded, or

• High Court reverses acquittal and gives death/life imprisonment.

4. Special Leave Jurisdiction (Article 136)

Supreme Court can grant Special Leave to Appeal against any court/tribunal order except military courts.
This is one of the widest discretionary powers.

5. Advisory Jurisdiction (Article 143)

President of India may seek the Supreme Court’s opinion on:

1. Any question of law

2. Any matter of public importance

Supreme Court’s advice is not binding.

6. Review Jurisdiction (Article 137)

Supreme Court can review its own judgments to prevent injustice.

7. Court of Record (Article 129)

Its decisions:

• Are binding on all courts

• Are kept as records

• Can punish for contempt of court

8. Miscellaneous Jurisdiction

• Election disputes of President & Vice President (Article 71)

• Transfer of cases between High Courts

• Supervisory powers over tribunals

---

2. Jurisdiction of the High Courts

(Articles 226–227, 228, 229)

High Courts are the highest judicial bodies at the state level.

1. Original Jurisdiction

High Courts hear cases directly in:

A. Civil Matters

• Marriage and divorce

• Wills and trusts

• Company law matters

B. Criminal Matters

• Cases involving severe punishment

• Appeals from Sessions Courts

2. Writ Jurisdiction (Article 226)

High Courts can issue writs for:

1. Enforcement of Fundamental Rights

2. Enforcement of any other legal right

This makes Article 226 wider than Article 32.

3. Appellate Jurisdiction

High Courts hear appeals from:

A. Subordinate Civil Courts

• Property disputes

• Family court cases

• Contract cases

B. Subordinate Criminal Courts

• Appeals against conviction or acquittal

• Sentencing appeals

4. Supervisory Jurisdiction (Article 227)

High Court supervises:

• District Courts

• Subordinate Courts

It can:

• Call for records

• Transfer cases

• Ensure proper functioning of lower courts

5. Power to Transfer Cases (Article 228)

If a subordinate court case involves a constitutional question, the High Court can withdraw it.

6. Court of Record (Article 215)

Its judgments have permanent value and
High Court can punish for contempt of court.

7. Administrative Jurisdiction (Article 229)

High Court has powers to:

• Appoint court staff

• Frame rules and procedures

• Control judicial employees

For Full Chapter  --->  22IMC7Z2 CONSTITUTION OF INDIA Unit-wise

— End of Article | Aivette-COI (Constitution of India by Aivette)

Your simple, smart guide to understanding the Indian Constitution.

— Aivette-COI

Learn Smart. Understand Better.