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Original Jurisdiction
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- As a Federal Court, the Supreme Court decides the disputes between different states.
- Between the Centre and one or more States.
- Between the Centre and any State or states on one side and one or more other States on the other.
- Between two or more States.
- In case of federal disputes, the Supreme Court has exclusive and original jurisdiction.
- However, a dispute between the citizen and the Centre or state can not be entertained under it.
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Writ Jurisdiction
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The Supreme Court has been assigned the role of guarantor and defender of the Fundamental Rights. The Supreme Court is empowered to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce these rights.
In this regard, the Supreme Court has original jurisdiction however the writ jurisdiction of the Supreme Court is not exclusive and it is concurrent to the high court’s jurisdiction.
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Appellate Jurisdiction
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Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts.
- Civil Appeals: The Supreme Court hears appeals in civil cases from any High Court or a tribunal in the territory of India. These cases could involve disputes related to property, contracts, torts, family matters, etc.
- Criminal Appeals: The Supreme Court hears appeals in criminal cases from any High Court or a tribunal in the territory of India. These cases typically involve criminal offences such as murder, theft, fraud, etc.
- Special Leave Petitions (SLPs): This is a unique feature of the Indian legal system where the Supreme Court has the discretion to grant special leave to appeal against any judgment or order in any case or matter passed by any court or tribunal in the country. This means that parties dissatisfied with a judgment of any court or tribunal can approach the Supreme Court seeking special permission to appeal.
- Constitutional Matters: The Supreme Court hears appeals on constitutional matters, including disputes involving the interpretation of the Constitution of India. These cases are often of significant importance as they deal with the fundamental law of the land.
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Advisory Jurisdiction
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- The Constitution authorises the President to seek the opinion of the Supreme Court in the two categories of matters under Article 143.
- On any question of law or fact of public importance which has arisen or which is likely to arise.
- On any disputes arising out of any pre-constitution treaty, agreement,sanad or other similar instruments.
- In the first case, the Supreme Court may refuse to tender the opinion to the President but in the second case, the Supreme Court must tender the opinion to the President.
- In both cases, the opinion is not binding on the President.
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Court of Record
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As a Court of Record, the Supreme Court has two powers:
- The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal precedents and legal references.
- It has the power to punish for contempt of court, either with simple imprisonment for a term up to six months or with a fine or with both.
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Power of Judicial Review
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- Judicial review is the power of the Supreme Court to examine the constitutionality of the laws and executive orders of both the Central and state government.
- If any provision found violative of the Constitution,it can be declared as unconstitutional by the Supreme Court.
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Constitutional interpretation
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- Every constitutional decision relies on the court’s interpretation of what the Constitution means, why it exists in the form it does, and, most importantly, what injustices it is intended to address.
- The courts apply a number of principles while interpreting the Constitution.
- Doctrine of Severability
- Doctrine of Waiver
- Doctrine of Eclipse
- Doctrine of Colourable Legislation
- Doctrine of Implied Powers
- Doctrine of Incidental and Ancillary Powers
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