The
Supreme Court has original, appellate and advisory jurisdiction. Its
exclusive original jurisdiction extends to any dispute between the
Government of India and one or more States or between the Government
of India and any State or States on one side and one or more States on
the other or between two or more States, if and insofar as the dispute
involves any question (whether of law or of fact) on which the
existence or extent of a legal right depends. In addition, Article 32
of the Constitution gives an extensive original jurisdiction to the
Supreme Court in regard to enforcement of Fundamental Rights. It is
empowered to issue directions, orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari to enforce them. The Supreme Court has been conferred with
power to direct transfer of any civil or criminal case from one State
High Court to another State High Court or from a Court subordinate to
another State High Court. The Supreme Court, if satisfied that cases
involving the same or substantially the same questions of law are
pending before it and one or more High Courts or before two or more
High Courts and that such questions are substantial questions of
general importance, may withdraw a case or cases pending before the
High Court or High Courts and dispose of all such cases itself. Under
the Arbitration and Conciliation Act, 1996, International Commercial
Arbitration can also be initiated in the Supreme Court.
The
appellate jurisdiction of the Supreme Court can be invoked by a
certificate granted by the High Court concerned under Article 132(1),
133(1) or 134 of the Constitution in respect of any judgement, 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. Appeals also lie to the Supreme Court in civil matters
if the High Court concerned certifies : (a) that the case involves a
substantial question of law of general importance, and (b) that, in
the opinion of the High Court, the said question needs to be decided
by the Supreme Court. In criminal cases, an appeal lies to the Supreme
Court if the High Court (a) 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 (b)
has withdrawn for trial before itself any case from any Court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 (c) certified that the case is
a fit one for appeal to the Supreme Court. Parliament is authorised to
confer on the Supreme Court any further powers to entertain and hear
appeals from any judgement, final order or sentence in a criminal
proceeding of a High Court.
The
Supreme Court has also a very wide appellate jurisdiction over all
Courts and Tribunals in India in as much as it may, in its discretion,
grant special leave to appeal under Article 136 of the Constitution
from any judgment, decree, determination, sentence or order in any
cause or matter passed or made by any Court or Tribunal in the
territory of India.
The
Supreme Court has special advisory jurisdiction in matters which may
specifically be referred to it by the President of India under Article
143 of the Constitution. There are provisions for reference or appeal
to this Court under Article 317(1) of the Constitution, 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 and
Section 82C of the Gold (Control) Act, 1968. Appeals also lie to the
Supreme Court under the 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
and Consumer Protection Act, 1986. Election Petitions under Part III
of the Presidential and Vice Presidential Elections Act, 1952 are also
filed directly in the Supreme Court.
Under
Articles 129 and 142 of the Constitution the Supreme Court has been
vested with power to punish for contempt of Court including the power
to punish for contempt of itself. In case of contempt other than the
contempt referred to in Rule 2, Part-I of the Rules to Regulate
Proceedings for Contempt of the Supreme Court, 1975, the Court may
take action (a) Suo motu, or (b) on a petition made by Attorney
General, or Solicitor General, or (c) on a petition made by any
person, and in the case of a criminal contempt with the consent in
writing of the Attorney General or the Solicitor General.
Under
Order XL of the Supreme Court Rules the Supreme Court may review its
judgment or order but no application for review is to be entertained
in a civil proceeding except on the grounds mentioned in Order XLVII,
Rule 1 of the Code of Civil Procedure and in a criminal proceeding
except on the ground of an error apparent on the face of the record.
PUBLIC INTEREST LITIGATION
Although
the proceedings in the Supreme Court arise out of the judgments or
orders made by the Subordinate Courts including the High Courts, but
of late the Supreme Court has started entertaining matters in which
interest of the public at large is involved and the Court can be moved
by any individual or group of persons either by filing a Writ Petition
at the Filing Counter of the Court or by addressing a letter to
Hon'ble the Chief Justice of India highlighting the question of public
importance for invoking this jurisdiction. Such concept is popularly
known as 'Public Interest Litigation' and several matters of public
importance have become landmark cases. This concept is unique to the
Supreme Court of India only and perhaps no other Court in the world
has been exercising this extraordinary jurisdiction. A Writ Petition
filed at the Filing Counter is dealt with like any other Writ Petition
and processed as such. In case of a letter addressed to Hon'ble the
Chief Justice of India the same is dealt with in accordance with the
guidelines framed for the purpose.
PROVISION OF LEGAL AID
If a
person belongs to the poor section of the society having annual income
of less than Rs. 18,000/- or belongs to Scheduled Caste or Scheduled
Tribe, a victim of natural calamity, is a woman or a child or a
mentally ill or otherwise disabled person or an industrial workman, or
is in custody including custody in protective home, he/she is entitled
to get free legal aid from the Supreme Court Legal Aid Committee. The
aid so granted by the Committee includes cost of preparation of the
matter and all applications connected therewith, in addition to
providing an Advocate for preparing and arguing the case. Any person
desirous of availing legal service through the Committee has to make
an application to the Secretary and hand over all necessary documents
concerning his case to it. The Committee after ascertaining the
eligibility of the person provides necessary legal aid to him/her.
Persons
belonging to middle income group i.e. with income above Rs. 18,000/-
but under Rs. 1,20,000/- per annum are eligible to get legal aid from
the Supreme Court Middle Income Group Society, on nominal payments.
AMICUS CURIAE
If a
petition is received from the jail or in any other criminal matter if
the accused is unrepresented then an Advocate is appointed as amicus
curiae by the Court to defend and argue the case of the accused. In
civil matters also the Court can appoint an Advocate as amicus curiae
if it thinks it necessary in case of an unrepresented party; the Court
can also appoint amicus curiae in any matter of general public
importance or in which the interest of the public at large is
involved.
HIGH
COURTS
The High
Court stands at the head of a State's judicial administration. There
are 18 High Courts in the country, three having jurisdiction over more
than one State. Among the Union Territories Delhi alone has a High
Court of its own. Other six Union
Territories come under the jurisdiction of different State High
Courts. Each High Court comprises of a Chief Justice and such other
Judges as the President may, from time to time, appoint. The Chief
Justice of a High Court is appointed by the President in consultation
with the Chief Justice of India and the Governor of the State. The
procedure for appointing puisne Judges is the same except that the
Chief Justice of the High Court concerned is also consulted. They hold
office until the age of 62 years and are removable in the same manner
as a Judge of the Supreme Court. To be eligible for appointment as a
Judge one must be a citizen of India and have held a judicial office
in
India
for ten years or must have practiced as an Advocate of a High Court or
two or more such Courts in succession for a similar period.
Each High
Court has power to issue to any person within its jurisdiction
directions, orders, or writs including writs which are in the nature
of habeas corpus, mandamus, prohibition, quo warranto and certiorari
for enforcement of Fundamental Rights and for any other purpose. This
power may also be exercised by any High Court exercising jurisdiction
in relation to territories within which the cause of action, wholly or
in part, arises for exercise of such power, notwithstanding that the
seat of such Government or authority or residence of such person is
not within those territories.
Each High
Court has powers of superintendence over all Courts within its
jurisdiction. It can call for returns from such Courts, make and issue
general rules and prescribe forms to regulate their practice and
proceedings and determine the manner and form in which book entries
and accounts shall be kept. The following Table (*Ann.A) gives the
seat and territorial jurisdiction of the High Courts.
ADVOCATE GENERAL
There is
an Advocate General for each State, appointed by the Governor, who
holds office during the pleasure of the Governor. He must be a person
qualified to be appointed as a Judge of High Court. His duty is to
give advice to State Governments upon such legal matters and to
perform such other duties of legal character, as may be referred or
assigned to him by the Governor. The Advocate General has the right to
speak and take part in the proceedings of the State Legislature
without the right to vote.
LOK
ADALATS
Lok
Adalats which are voluntary agencies are monitored by the State Legal
Aid and Advice Boards. They have proved to be a successful alternative
forum for resolving of disputes through the conciliatory method.
The Legal
Services Authorities Act, 1987 provides statutory status to the legal
aid movement and it also provides for setting up of Legal Services
Authorities at the Central, State and District levels. These
authorities will have their own funds. Further, Lok Adalats which are
at present informal agencies will acquire statutory status. Every
award of Lok Adalats shall be deemed to be a decree of a civil court
or order of a Tribunal and shall be final and binding on the parties
to the dispute. It also provides that in respect of cases decided at a
Lok Adalat, the court fee paid by the parties will be refunded.
Annexure 'A'
JURISDICTION AND SEAT
OF HIGH COURTS
|
Name
|
Year |
Territorial establishment
jurisdiction |
Seat |
|
Allahabad |
1866
|
Uttar
Pradesh |
Allahabad (Bench at Lucknow) |
|
Andhra Pradesh
|
1956
|
Andhra Pradesh |
Hyderabad |
|
Bombay
|
1862 |
Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu |
Bombay
(Benches at Nagpur, Panaji and Aurangabad) |
|
Calcutta |
1862 |
West
Bengal |
Calcutta (Circuit Bench at Port Blair) |
|
Delhi
|
1966
|
Delhi |
Delhi |
|
Guwahati(2) |
1948 |
Assam,
Manipur, Meghalaya, Nagaland,Tripura, Mizoram and Arunachal
Pradesh |
Guwahati (Benches at Kohima, Aizwal & Imphal. Circuit Bench at
Agartala & Shillong) |
|
Gujarat |
1960 |
Gujarat |
Ahmedabad |
|
Himachal Pradesh |
1971
|
Himachal Pradesh |
Shimla |
|
Jammu
& Kashmir |
1928 |
Jammu
& Kashmir |
Srinagar & Jammu |
|
Karnataka(3)
|
1884
|
Karnataka |
Bangalore |
|
Kerala
|
1958 |
Kerala
& Lakshadweep |
Ernakulam |
|
Madhya
Pradesh |
1956 |
Madhya
Pradesh |
Jabalpur (Benches at Gwalior and Indore) |
|
Madras
|
1862 |
Tamil
Nadu & Pondicherry |
Madras |
|
Orissa
|
1948
|
Orissa |
Cuttack |
|
Patna
|
1916 |
Bihar |
Patna
(Bench at Ranchi) |
|
Punjab
& Haryana(4) |
1975 |
Punjab, Haryana & Chandigarh |
Chandigarh |
|
Rajasthan |
1949 |
Rajasthan |
Jodhpur (Bench at Jaipur) |
|
Sikkim
|
1975
|
Sikkim |
Gangtok |