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The Supreme Court of India

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Supreme Court of India
Original Jurisdiction of Supreme Court
Original Writ Jurisdiction of Supreme Court
Writ of Habeas Corpus
Writ of Mandamus
Writ of Certiorari
Writ of Prohibition
Writ of Quo Warranto
Public Interest Litigation
Appellate Jurisdiction of Supreme Court
Appeal in Civil Cases
Appeal in Criminal Cases
Special Leave to Appeal
Appeal under the Civil Procedure Code, 1908
Appeal Under the Code of Criminal Procedure, 1973
Advisory Jurisdiction of Supreme Court
Contempt Jurisdiction of Supreme Court
Civil and Criminal Contempt
Power to Transfer Cases
Power to Transfer Cases Under Cr.P.C.
Power to Transfer Cases Under CPC
Review Jurisdiction of Supreme Court
Curative Petition
Grounds for Filing Curative Petition
Other provisions for reference or appeal to Supreme Court
Other Laws Under Which An Appeal Lies to Supreme Court
Key powers of Supreme Court 

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The Supreme Court of India

  1. 1. The Supreme Court of India By Adv Ritika Ritu B.Sc. LL.B (Hons) The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest Constitutional Court, with the power of constitutional review. www.lawskills.in
  2. 2. Content 1. Supreme Court of India 2. Original Jurisdiction of Supreme Court 3. Original Writ Jurisdiction of Supreme Court 4. Writ of Habeas Corpus 5. Writ of Mandamus 6. Writ of Certiorari 7. Writ of Prohibition 8. Writ of Quo Warranto 9. Public Interest Litigation 10. Appellate Jurisdiction of Supreme Court 11. Appeal in Civil Cases 12. Appeal in Criminal Cases 13. Special Leave to Appeal 14. Appeal under the Civil Procedure Code, 1908 15. Appeal Under the Code of Criminal Procedure, 1973 16. Advisory Jurisdiction of Supreme Court 17. Contempt Jurisdiction of Supreme Court 18. Civil and Criminal Contempt 19. Power to Transfer Cases 20. Power to Transfer Cases Under Cr.P.C. 21. Power to Transfer Cases Under CPC 22. Review Jurisdiction of Supreme Court 23. Curative Petition 24. Grounds for Filing Curative Petition 25. Other provisions for reference or appeal to Supreme Court 26. Other Laws Under Which An Appeal Lies to Supreme Court 27. Key powers of Supreme Court www.lawskills.in
  3. 3. Supreme Court of India Supreme Court is the apex court in India which came into existence on 26th January, 1950. It is a Constitutional body which is laid down in Part V of the Chapter V of the Constitution of India from Articles 124 to 147. It is the highest Court of appeals in India and has power to punish for contempt of Court. The Court consists of the Chief Justice of India and not more than 30 judges. Its Judges are appointed by the President of India. They hold office until they attain the age of 65 years. In general, the Supreme Court has original, appellate and advisory jurisdiction. www.lawskills.in
  4. 4. At the commencement of the Constitution, the number of judges were 13 including the Chief Justice. Exercising its power under Article 124 of the Constitution to vary the number, the Parliament subsequently increased the number of judges. Supreme Court of India since Feb 2009 has the strength of 31 judges including Chief Justice. www.lawskills.in
  5. 5. Original Jurisdiction of Supreme Court Article 131 of the Constitution of India. Supreme Court’s original jurisdiction extends to any dispute: 1. Between the Government of India and one or more States or; 2. Between the Government of India and any State or States on one side and one or more States on the other or; 3. Between two or more States. Such dispute must relate to any question (whether of law or of fact) on which the existence or extent of a legal right depends. www.lawskills.in
  6. 6. Original Writ Jurisdiction of Supreme Court Article 32 of the Constitution of India. This jurisdiction is otherwise known as the “Writ Jurisdiction of the Supreme Court”. The Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It empowers the Court to issue directions, orders or writs for such enforcement. The writs can be issued in the nature of 1. Habeas Corpus, 2. Mandamus, 3. Prohibition, 4. Quo warranto, and 5. Certiorari www.lawskills.in
  7. 7. Writ of Habeas Corpus Literary Meaning: ‘You may have the body’ The writ is issued to release/ produce a person who has been detained, whether in prison or in private custody, unlawfully. It is a prerogative writ which is an order of release. It can be issued against both state and individual. The writ can be issued for various purposes e.g. 1. Testing the validity of detention under preventive detention laws; 2. Securing the custody of a person alleged to be lunatic; 3. Securing the custody of minor; 4. Detention for breach of privileges by house; 5. Testing the validity of detention by the executive during emergency, etc. Landmark Judgment: Sunil Batra v. Delhi Administration (1979); MANU/SC/0184/1978 www.lawskills.in
  8. 8. Writ of Mandamus Literary Meaning: ‘We Command’ or ‘We Order’ The writ is issued to secure the performance of public or statutory duties by lower court, tribunal or public authority. It is in the form of command. The Writ can be granted against a public authority if: 1. Acted against the law 2. Exceeded his limits of power 3. Acted with malafides 4. Did not apply his mind 5. Abused his discretionary powers 6. Did not take into account relevant consideration 7. Has taken into account irrelevant consideration Landmark Judgment: State of Madhya Pradesh v. Mandawar (1954); MANU/SC/0135/1954 www.lawskills.in
  9. 9. Writ of Certiorari Literary Meaning: ‘To be informed of’ The writ is issued to quash the order passed by a lower court, tribunal or quasi judicial authority. It can be issued against a Court to correct the record if the court has usurped jurisdiction. Certiorari is a proceeding In Personam i.e., this writ must be contested by the aggrieved person himself and not by any other person. The writ can be issued on the following grounds: 1. Want of jurisdiction viz., excess, abuse, or absence of jurisdiction 2. Violation of Natural justice 3. Fraud 4. Error on the face of records Landmark Judgment: State of West Bengal v. Committee for Protection of Democratic Rights (2010); MANU/SC/0850/2010 www.lawskills.in
  10. 10. Writ of Prohibition Literary Meaning: ‘To forbid’ or ‘To stop’ It can be issued against a Court to correct the record if the court has usurped jurisdiction. The writ is issued to prohibit a lower court from transgressing or continue to transgress the power/ jurisdiction vested in it. It is issued in the form of a judicial order and is nugatory in nature. It can be issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. The writ can be issued on the following grounds for want of jurisdiction viz., 1. Excess of jurisdiction; 2. Abuse of jurisdiction; 3. Absence of jurisdiction Landmark Judgment: East India Commercial Co. Ltd v. Collector of Customs (1962); MANU/SC/0179/1962 www.lawskills.in
  11. 11. Writ of Quo Warranto Literary Meaning: ‘By what authority’ The writ is issued to restrain a person from holding a public office which he is not entitled to hold. It is issued in the form of a judicial order. It can be issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. The writ can be issued if it can be established that: 1. The office must be public 2. It must have been created by statute or Constitution itself 3. It must be of a substantive character 4. The holder of the office must not be legally qualified to hold the office or to remain in the office or he has not been appointed in accordance with law. Landmark Judgment: Centre for PIL v. Union of India (2011); MANU/SC/0179/2011 www.lawskills.in
  12. 12. Public Interest Litigation Article 32 of the Constitution of India. It can be by any public spirited citizen/ individual. The concept of Public Interest Litigation has neutralized the rule of locus standi. The rule of locus standi prescribes that those whose right is infringed alone can file a petition. PIL can be filed for the enforcement of constitutional legal rights. The Court must be satisfied that the petition is being filed in public interest. The court can itself take cognizance of the matter and proceed on its own, or case can commence on the petition of any public-spirited individual. www.lawskills.in
  13. 13. The first woman judge of SC of India and also in Asia was the Hon'ble Justice M. Fathima Beevi who was appointed to Supreme Court in 1959. Hon'ble Mr. Justice Harilal Jekisundas Kania was the first Chief Justice of India. His term of office was from 26-01-1950 to 06-11-1951. Hon'ble Mr. Justice Dipak Misra is the present Chief Justice of India (As on 27th Dec 2017).
  14. 14. Appellate Jurisdiction of Supreme Court Article 132, 133, 134 and 136 of the Constitution of India. Supreme Court is the Highest Court of appeal in India. It can be invoked by a certificate of appeal granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution. Such an appeal can be preferred 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. The certificate of appeal is granted by the High Court concerned under Article 134A of the Constitution. Alternatively, it can be invoked by a special leave to appeal against the order or decision made by any Court or Tribunal in the territory of India. Appellate jurisdiction involves the Constitution, Civil and criminal matters.
  15. 15. Appeal in Civil Cases Article 132 and 133 of the Constitution of India. An appeal can be preferred : 1. in respect of any judgment, decree or final order of a High Court 2. in civil cases, 3. In cases involving substantial questions of law as to the interpretation of the Constitution. Additionally, appeal lies to the Supreme Court in civil matters if the High Court concerned certifies: 1. that the case involves a substantial question of law of general importance, and 2. that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.
  16. 16. Appeal in Criminal Cases Article 132 and 134 of the Constitution of India. An appeal can be preferred : 1. in respect of any judgment, decree or final order of a High Court 2. in criminal cases, 3. in cases involving substantial questions of law as to the interpretation of the Constitution. Additionally, appeal lies to the Supreme Court in criminal cases if the High Court: 1. 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 2. 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 3. certified that the case is a fit one for appeal to the Supreme Court.
  17. 17. Special Leave to Appeal Article 136 of the Constitution of India. The Supreme Court in its discretion, grant special leave to appeal: 1. from any judgment, decree, determination, sentence or order; 2. in any cause or matter, passed or made by any Court or Tribunal in the territory of India. The only embargo to this all-embracing judicial review is the decision of the Courts constituted under any law relating to the Armed Forces.
  18. 18. Appeal Under the Civil Procedure Code, 1908 Section 109 of the Civil Procedure Code, 1908. An appeal can be preferred to Supreme Court against any judgment, decree or final order in a civil proceeding of a High Court. Such an appeal can be filed if the High Court concerned certifies that: 1. the case involves a substantial question of law of general importance and, 2. in the opinion of the High Court the said question needs to be decided by the Supreme Court.
  19. 19. Appeal Under the Code of Criminal Procedure, 1973 Section 374 and 379 of the Code of Criminal Procedure, 1973. An appeal can be preferred to the Supreme Court against an order of conviction. Such an appeal shall be preferred by any person convicted of a trial held by a High Court in its extraordinary original criminal jurisdiction . Grounds of appeal to Supreme Court: 1. High Court while acting as a trial Court under its extra-ordinary original criminal jurisdiction convicted a person. 2. On an appeal if High Court reversed the order of acquittal of an accused and convicted and sentenced him to death or to imprisonment of life or to imprisonment for 10 years or more. (Sec. 379).
  20. 20. According to Article 126 of the Constitution of India, the President appoints any other judge of the Supreme Court as an Acting Chief Justice when CJI is absent or is unable to perform the duties of his office.
  21. 21. Advisory Jurisdiction of Supreme Court Article 143 of the Constitution of India. Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India. This can be invoked by the President of India if: 1. He feels that a question of law or fact has arisen or is likely to arise, 2. The question is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it. However, any opinion rendered to the President of India by the Supreme Court in exercise of its jurisdiction under Article 143 of the Constitution shall not be binding upon him.
  22. 22. Contempt Jurisdiction of Supreme Court Article 129 of the Constitution of India. It gives the Supreme Court to punish for its contempt. Supreme Court by virtue of Article 129 of Constitution can decide its own jurisdiction. Any act which may be derogatory and result in the lowering of the authority of the Court in the eyes of the general public may result in contempt of Court. Any person can file a suit for contempt under Article 129 of the constitution or through the Rules to Regulate Proceeding for Contempt of the Supreme Court, 1975. Article 129 read with Article 142 of the constitution provides that the Supreme Court can pass any order which is necessary to continue the stream of justice.
  23. 23. The Court of a Record is a Court, the records of which are admitted to be of evidentiary value and they are not to be questioned when they are produced before any Court. As a matter of fact, the power to punish for contempt necessarily follows from that position.
  24. 24. Civil and Criminal Contempt Civil contempt has been defined under Section 2(b) of Contempt of Court Act, 1971. According to which civil contempt is- 1. Any willful disobedience to a judgment, decree, direction, order, writ or other processes of a court or 2. Willful breach of an undertaking given to a court. Criminal Contempt is defined under Section 2(c) of Contempt of Court Act, 1971. According to which criminal contempt is any publication which - 1. Scandalizes the Court by lowering its authority. 2. Interferes in the due course of judicial proceeding. 3. Creates an obstruction in administration of justice. Ergo, non-compliance with the order of the Court would result in contempt of Court under Article 129 of the Constitution.
  25. 25. Power to Transfer Cases Article 139A of the Constitution of India which was introduced vide 42nd Constitutional Amendment. This power can be exercised if cases involving the same or substantially the same questions of law are pending before the: 1. Supreme Court and one or more High Courts or, 2. before two or more High Courts. Supreme Court for meeting the ends of justice may: 1. withdraw the case(s) pending before the High Court(s) and dispose of all the cases itself, 2. transfer any case, appeal or other proceedings pending before any High Court to any other High Court. The power to transfer cases can be exercised on suo motu basis or on an application made to it by: 1. the Attorney-General of India, or 2. by a party to any such case.
  26. 26. Power to Transfer Cases Under CrPC Section 406 of the Criminal Procedure Code, 1973. Supreme Court for meeting the ends of justice may transfer any case or appeal: 1. From one High Court to another High Court, 2. From a Criminal Court subordinate to one High Court to another Criminal court of equal or superior jurisdiction subordinate to another High Court. The power to transfer cases can be exercised only on an application made to it by: 1. the Attorney-General for India, or 2. a party interested. Transfer of criminal case by Supreme Court of India can also be done under Article 139A of the Constitution of India.
  27. 27. Power to Transfer Cases Under CPC Section 25 of the Civil Procedure Code, 1908. Supreme Court for meeting the ends of justice may transfer any suit, appeal or other proceedings: 1. From one High Court to another High Court, 2. From a Civil Court in one state to other Civil Court in any other State. The power to transfer cases can be exercised : 1. only on an application made to it by a party to that suit, appeal or proceeding, 2. after giving notice of such application to the opposite party/parties, 3. after hearing such opposite party/parties. The Court to which such suit, appeal or other proceedings is transferred shall either re-try it or proceed from the stage at which it was transferred to it. Transfer of civil case by Supreme Court of India can also be done under Article 139A of the Constitution of India. Transfer of a Divorce case from one state to another state can also be filed under Section 25 of the CPC.
  28. 28. Review Jurisdiction of Supreme Court Article 137 of the Constitution of India. It enables the Supreme Court to review its own judgments. This power is exercisable under rules made by the court under Article 145. Review will lie in the Supreme Court on the following grounds: 1. discovery of new important matters of evidence; 2. mistake or error on the face of the record; and 3. any other sufficient reason. In a review petition, an error of substantial nature only can be reviewed. In a civil proceeding, an application for review is entertained only on a ground mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure, 1908. In a criminal proceeding, an application for review is entertained on the ground of an error apparent on the face of the record (Order XL, Rule 1 of the Supreme Court Rules, 1966). A review cannot be sought merely for fresh hearing or arguments or correction of an erroneous view taken earlier.
  29. 29. Curative Petition The concept of curative petition was first evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002); MANU/SC/0910/2002. This power can be exercised by Supreme Court: 1. in order to prevent abuse of its process, and 2. to cure gross miscarriage of justice. The curative petition entitles the aggrieved person to certain relief against a final judgment of the Supreme Court after dismissal of review petition either under Article 32 or otherwise. The concept of a curative petition is an extra constitutional judicial device to cure gross miscarriage of justice and abuse of process. It is not to be heard in an open court unless specifically directed and the same bench which passed the review order hears it generally as far as possible.
  30. 30. Grounds for Filing Curative Petition 1. Variation of the principle of natural justice- the right to be heard. 2. A judge who participated in the decision-making process did not disclose his links with a party to the case i.e. the question of bias. 3. Abuse of the process of the Court. It is settled law that a curative is not a re-hearing or a review of a review or an intra court appeal, but it is a mechanism to cure defects based only on two major grounds.
  31. 31. Supreme Court is also known as the ‘Court of Rules’. According to Article 145, the Supreme Court is fully authorized with the approval of the President and subject to any legislation by the Parliament, to frame rules for regulating the practice and procedure of the court.
  32. 32. Other provisions for reference or appeal to Supreme Court • Section 257 of the Income Tax Act, 1961 • Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969 • Section 130-A of the Customs Act, 1962 • Section 35-H of the Central Excises and Salt Act, 1944 • Section 82-C of the Gold (Control) Act, 1968. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.
  33. 33. Other Laws Under Which An Appeal Lies to Supreme Court • Representation of the People Act, 1951 • Monopolies and Restrictive Trade Practices Act, 1969 • Advocates Act, 1961 • Contempt of Courts Act, 1971 • Customs Act, 1962 • Central Excises and Salt Act, 1944 • Enlargement of Criminal Appellate Jurisdiction Act, 1970 • Trial of Offences Relating to Transactions in Securities Act, 1992 • Terrorist and Disruptive Activities (Prevention) Act, 1987 • Consumer Protection Act, 1986.
  34. 34. Key powers of Supreme Court Article 129 Supreme Court shall be a court of record and shall have the power to punish for contempt of itself. Article 137 Supreme Court shall have power to review any judgment pronounced or order made by it. Article 141 The law declared by Supreme Court is binding on all Courts within the territory of India. Article 144 All authorities, civil & judicial, in the territory of India, are required to act in aid of the Supreme Court. Article 146 Exclusive power to Chief Justice of India in the matter of appointment of officers and servants of the Court.
  35. 35. Thank You! www.lawskills.in

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