Supreme Court's Exclusive Jurisdiction

Coverage of this Article

Introduction 

-The Supreme Court of India is the highest judicial body in the country, established under the Constitution of India in 1950.

Constitutional Jurisdiction

-The Supreme Court of India has exclusive jurisdiction to interpret the Constitution of India.

Appellate Jurisdiction

-The Supreme Court of India has appellate jurisdiction over all civil and criminal matters.

Original Jurisdiction

-The Supreme Court of India has exclusive original jurisdiction over several types of disputes, including disputes between the Indian Union and one or more states, or between two or more states

Writ Jurisdiction

-The Supreme Court of India has the power to issue writs, which are orders that direct a public authority or individual to take a certain action or refrain from taking a certain action.

Importance and merits of Exclusive jurisdiction of the supreme court of India

-Uniform interpretation of the Constitution: The Supreme Court of India has exclusive jurisdiction over the interpretation of the Constitution. This means that any disputes related to the interpretation of the Constitution are brought before the Supreme Court, which helps ensure that there is a uniform interpretation of the Constitution across the country.

Limitations and drawbacks of Exclusive jurisdiction of the supreme court of India

-Delay in the delivery of justice: The Supreme Court of India has a large caseload, which often results in a delay in the delivery of justice. The exclusive jurisdiction of the Supreme Court means that a large number of cases are filed directly with the Supreme Court, which further increases the burden on the court.

Landmark cases which established Exclusive jurisdiction of the supreme court of India

-Kesavananda Bharati v. State of Kerala (1973) This case is considered one of the most significant judgments delivered by the Supreme Court of India. The case involved a challenge to the constitutional validity of the 24th, 25th, and 29th amendments to the Constitution of India. The court held that while the Parliament has the power to amend the Constitution, it cannot alter its basic structure.

Conclusion 

-The exclusive jurisdiction of the Supreme Court of India refers to the court's power to hear and decide certain types of cases exclusively.

Introduction 

The Supreme Court of India is the highest judicial body in the country, established under the Constitution of India in 1950. The Supreme Court has exclusive jurisdiction over a wide range of matters, including disputes between the Indian Union and one or more states, or between two or more states. It also has the power to interpret the Constitution of India, hear appeals from lower courts, and issue writs, among other things.

The Supreme Court of India was established on January 28, 1950, under the Constitution of India. At the time of its establishment, the Supreme Court had limited jurisdiction and could only hear appeals from high courts in civil and criminal cases. However, over time, the jurisdiction of the Supreme Court expanded, and it was given exclusive jurisdiction in certain matters. The historical development of the exclusive jurisdiction of the Supreme Court of India can be traced back to the Constitution of India. The Constitution of India, which came into force on January 26, 1950, divided the jurisdiction of the Supreme Court into three categories: original, appellate, and advisory. The original jurisdiction of the Supreme Court is limited to certain types of cases specified in the Constitution. These include disputes between the government of India and one or more states, disputes between two or more states, and disputes between the government of India and any state or states on one side and one or more other states on the other. 

The appellate jurisdiction of the Supreme Court is more extensive and covers all civil and criminal cases arising from high courts and other courts in India. The advisory jurisdiction of the Supreme Court allows the President of India to seek the court's opinion on any matter of law or fact of public importance.

Over time, the Constitution of India was amended several times, and the jurisdiction of the Supreme Court was expanded. The 42nd Amendment Act of 1976, for example, added a new provision to the Constitution, giving the Supreme Court the power to review any judgment, decree, or final order of a high court in a civil, criminal, or other matter.

Similarly, the 44th Amendment Act of 1978 made significant changes to the Constitution's emergency provisions, stating that a declaration of emergency can only be made after the approval of the President of India, which can be challenged before the Supreme Court.

The Constitution (Forty-Second Amendment) Act, 1976, and the Constitution (Forty-Fourth Amendment) Act, 1978, also added several items to the exclusive jurisdiction of the Supreme Court. These include:

• Disputes between the government of India and one or more states on one side and one or more other states on the other.
• Disputes between the government of India and any state or states on one side and any person or other authority on the other.
• Disputes between two or more states.
• Matters relating to the election of the President or Vice-President of India.
• Matters arising out of any treaty, agreement, or convention with other countries or other states.
• Matters relating to the enforcement of fundamental rights.
• Matters relating to the interpretation of the Constitution.

The exclusive jurisdiction of the Supreme Court of India has evolved over time, starting with its establishment under the Constitution of India. With each passing year, the jurisdiction of the Supreme Court has expanded, and it has been given the power to hear and decide a wide range of cases, including disputes between states and the central government, disputes between private parties, and matters relating to the interpretation of the Constitution and the enforcement of fundamental rights.

The types of various jurisdiction in the Supreme court of India  

Constitutional Jurisdiction

The Supreme Court of India has exclusive jurisdiction to interpret the Constitution of India. This means that only the Supreme Court has the power to determine the constitutionality of laws passed by the Indian Parliament or state legislatures. The Supreme Court has the power to declare laws as unconstitutional if they violate the Constitution. It is also responsible for resolving disputes between the Union government and state governments with regards to their respective constitutional powers.

Appellate Jurisdiction

The Supreme Court of India has appellate jurisdiction over all civil and criminal matters. This means that any individual or entity dissatisfied with a decision made by a lower court can appeal to the Supreme Court. The Supreme Court has the power to hear appeals from both the High Courts and lower courts.

The Supreme Court has the power to grant special leave to appeal, which allows a petitioner to file an appeal even if they do not have an automatic right to do so. The Supreme Court can also transfer cases from one High Court to another, or from one state to another.

Original Jurisdiction

The Supreme Court of India has exclusive original jurisdiction over several types of disputes, including disputes between the Indian Union and one or more states, or between two or more states. This is an important power, as it allows the Supreme Court to intervene in disputes that might otherwise escalate into major conflicts between states or between the Union and states.

The Supreme Court also has exclusive original jurisdiction over disputes involving the enforcement of fundamental rights. This means that if a citizen feels that their fundamental rights under the Constitution of India have been violated, they can approach the Supreme Court directly for relief.

Writ Jurisdiction

The Supreme Court of India has the power to issue writs, which are orders that direct a public authority or individual to take a certain action or refrain from taking a certain action. There are five types of writs that the Supreme Court can issue: habeas corpus, mandamus, prohibition, certiorari, and quo warranto.

Habeas corpus writs are issued to ensure that a person who is being held in custody is not being held unlawfully. Mandamus writs are issued to compel a public authority or individual to perform a certain duty. Prohibition writs are issued to prevent a public authority or individual from acting beyond their legal powers. Certiorari writs are issued to quash a decision made by a lower court or tribunal. Quo warranto writs are issued to determine whether a public official is legally entitled to hold their office.

The exclusive jurisdiction of the Supreme Court of India is an essential aspect of India's judicial system. It ensures that the highest court in the country has the power to resolve important disputes and interpret the Constitution of India. The Supreme Court's jurisdiction is wide-ranging and covers a diverse range of matters, including constitutional issues, civil and criminal appeals, and writ petitions. Its role in protecting citizens' fundamental rights and resolving disputes between the Union and states or between states themselves is particularly important for maintaining the unity and integrity of India.

Importance and merits of Exclusive jurisdiction of the supreme court of India

The exclusive jurisdiction of the Supreme Court of India plays a vital role in ensuring the proper functioning of the Indian judicial system. Here are some of the key importance and merits of the exclusive jurisdiction of the Supreme Court of India:

• Uniform interpretation of the Constitution: The Supreme Court of India has exclusive jurisdiction over the interpretation of the Constitution. This means that any disputes related to the interpretation of the Constitution are brought before the Supreme Court, which helps ensure that there is a uniform interpretation of the Constitution across the country.
• Protection of fundamental rights: The Supreme Court has exclusive jurisdiction over matters related to the enforcement of fundamental rights. This is particularly important in a country like India, which has a diverse population with varying cultural, religious, and linguistic backgrounds. The Supreme Court ensures that the fundamental rights of all citizens are protected and upheld.
• Resolving disputes between states and the central government: The Supreme Court of India has the exclusive jurisdiction to hear and decide disputes between the central government and one or more states or between two or more states. This is crucial in maintaining the federal structure of the Indian Constitution and ensuring that all states are treated fairly.
• Ensuring consistency in the application of the law: The Supreme Court of India has the power to review the decisions of lower courts, which helps ensure that there is consistency in the application of the law across the country.
• Maintaining the rule of law: The exclusive jurisdiction of the Supreme Court helps ensure that the rule of law is maintained in the country. The Supreme Court acts as a check on the powers of the executive and legislative branches of the government, ensuring that they do not act outside the boundaries of the Constitution.
• Promoting legal certainty: The Supreme Court's exclusive jurisdiction ensures that there is a clear and defined hierarchy of courts in the country, which promotes legal certainty and predictability.

The exclusive jurisdiction of the Supreme Court of India is of great importance in maintaining the rule of law, protecting fundamental rights, and ensuring consistency in the application of the law. It also helps maintain the federal structure of the Constitution and promotes legal certainty in the country.

Limitations and drawbacks of Exclusive jurisdiction of the supreme court of India

While the exclusive jurisdiction of the Supreme Court of India has several advantages, it also has some limitations and drawbacks. Here are some of the key limitations and drawbacks of the exclusive jurisdiction of the Supreme Court of India:

• Delay in the delivery of justice: The Supreme Court of India has a large caseload, which often results in a delay in the delivery of justice. The exclusive jurisdiction of the Supreme Court means that a large number of cases are filed directly with the Supreme Court, which further increases the burden on the court.
• Centralization of power: The exclusive jurisdiction of the Supreme Court means that a large amount of power is concentrated in the hands of the Supreme Court. This can lead to concerns about the centralization of power and the potential for abuse of power.
• Lack of access to justice: The exclusive jurisdiction of the Supreme Court can make it difficult for ordinary citizens to access justice, especially those who live in remote or rural areas. These citizens may find it difficult to travel to the Supreme Court in New Delhi, which can result in a lack of access to justice.
• Overburdened lower courts: The exclusive jurisdiction of the Supreme Court means that many cases that would otherwise be heard in lower courts are now being filed directly with the Supreme Court. This can lead to an overburdening of the lower courts, which can result in delays and a lack of access to justice for citizens.
• Limited scope of jurisdiction: While the Supreme Court of India has exclusive jurisdiction over certain matters, its jurisdiction is still limited. There are many other issues that fall outside the scope of the Supreme Court's exclusive jurisdiction, which can result in a lack of access to justice for citizens.

While the exclusive jurisdiction of the Supreme Court of India has several advantages, it also has some limitations and drawbacks. These limitations and drawbacks can result in delays in the delivery of justice, a lack of access to justice, an overburdening of the lower courts, and concerns about the centralization of power.

Landmark cases which established Exclusive jurisdiction of the supreme court of India

Over the years, the Supreme Court of India has delivered several landmark judgments in cases falling under its exclusive jurisdiction. Here are some notable examples:

• Kesavananda Bharati v. State of Kerala (1973) This case is considered one of the most significant judgments delivered by the Supreme Court of India. The case involved a challenge to the constitutional validity of the 24th, 25th, and 29th amendments to the Constitution of India. The court held that while the Parliament has the power to amend the Constitution, it cannot alter its basic structure.
• Minerva Mills Ltd. v. Union of India (1980) In this case, the Supreme Court held that the Parliament cannot use its amending power to destroy the basic structure of the Constitution. The case also affirmed the importance of judicial review in preserving the Constitution's integrity.
• State of Karnataka v. Union of India (1977) This case involved a dispute between the State of Karnataka and the Union of India over the sharing of waters of the river Cauvery. The Supreme Court held that the Constitution empowers the central government to take steps to resolve disputes between states over the use of inter-state rivers.
• Kuldip Nayar v. Union of India (2006) In this case, the Supreme Court held that freedom of the press is an integral part of the right to freedom of speech and expression guaranteed by the Constitution of India. The case also established the principle that the press has the right to access information held by the government.
• Naz Foundation v. Government of NCT of Delhi (2009) This case involved a challenge to Section 377 of the Indian Penal Code, which criminalized homosexuality. The Supreme Court held that the section was unconstitutional as it violated the right to equality and dignity guaranteed by the Constitution of India. However, this judgment was later overturned by the Supreme Court in 2013.
• Common Cause (A Regd. Society) v. Union of India (2018) This case dealt with the issue of passive euthanasia, where a person is allowed to die by withholding medical treatment. The Supreme Court held that an individual has the right to die with dignity, and passive euthanasia is legal under certain conditions.

These cases are just a few examples of the many landmark judgments delivered by the Supreme Court of India in cases falling under its exclusive jurisdiction. These judgments have helped shape India's legal system and uphold the principles of justice and equality enshrined in the Constitution of India.

Conclusion 

The exclusive jurisdiction of the Supreme Court of India refers to the court's power to hear and decide certain types of cases exclusively. The Supreme Court has exclusive jurisdiction over matters related to the interpretation of the Constitution, the enforcement of fundamental rights, disputes between the central government and one or more states or between two or more states, and the review of decisions made by lower courts. The exclusive jurisdiction of the Supreme Court plays a crucial role in maintaining the rule of law, protecting fundamental rights, ensuring consistency in the application of the law, and promoting legal certainty. However, the exclusive jurisdiction of the Supreme Court also has some limitations and drawbacks, including delays in the delivery of justice, a lack of access to justice, an overburdening of the lower courts, and concerns about the centralization of power.