Jurisdiction of the Supreme Court

Original Jurisdiction

• Under Article 131, subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute:
  • Between the Government of India and States;
  • Between the Government of India and any State or States on one side and one or more other States on the other; or
  • Between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right.
• The Supreme Court has exclusive original jurisdiction in the above cases. This means no other court can decide such disputes, and original means the power to hear such disputes in the first instance, not by way of appeal.
• The said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.
• There are certain provisions in the Constitution which exclude the Original Jurisdiction of the Supreme Court, disputes specified in the provision to Art 363(1).
• Complaints as to interference with Inter-State water supplies, referred to the statutory tribunal mentioned in Art 262 (since the Parliament has enacted the Inter-State Water Disputes Act 1956).
• Matters referred to the Finance Commission (Art 280).
• Adjustment of certain expenses between the Union and the State (Art 290).

Writ Jurisdiction

• Article 32 imposes a duty on the Supreme Court to enforce the Fundamental Rights. Under this Article, every individual has a right to move the Supreme Court provided there has been any infringement on his/her Fundamental Rights.
• The Supreme Court is empowered to issue writs, including Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari to enforce Fundamental Rights.
• The Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal.
• However, the writ jurisdiction of the Supreme Court is not exclusive. The High courts are also empowered to issue writs for the enforcement of the Fundamental Rights (under Article 226).