Supreme Court of India

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The Supreme Court of India is the highest court of justice in India. It has jurisdiction to try cases having territorial jurisdiction in India.

The Court is headed by the Chief Justice of India.

  • Court of Record: The Supreme Court, under Article 129 and the High Court, under Article 215 have the inherent power to punish for contempt.
  • Original Jurisdiction
    • Concurrent original jurisdiction
    • Exclusive original jurisdiction
    • Article 131 says that Supreme Court is subject to exclusion of any other court
    • Exception
  • Appellate Jurisdiction
    • Appeal in Constitutional matters
    • Appeal in Civil matters
    • Appeal in Criminal matters
    • Special Leave to Appeal
  • Advisory Jurisdiction
  • Power of Supreme Court to review judgement
  • Power of Supreme Court to transfer case
  • Rule making power of Supreme Court
  • The Supreme Court is made the protector and guarantor of the fundamental rights.

Related Case / Recent Cases / Case Laws

  • Kochunni vs State of Madras, AIR 1959 SC 725: The right to move to Supreme Court for the enforcement of Fundamental rights is itself a fundamental right
  • Darya vs State of Uttar Pradesh, AIR 1961 SC 1457: It is the duty of the Supreme Court to enforce fundamental rights guaranteed by the Constitution.
  • Gopal Das vs Union of India, AIR 1955 SC 1: An application under Article 32 cannot lie where no fundamental rights are infringed.
  • Coffee Board vs CTO, AIR 1971 SC 870; Star Mills vs State of UP, AIR 1984 SC 373: No question other than relating to fundamental rights can be determined in a proceeding under Article 32.
  • January 25, 2012: SCI bench comprising Justice Aftab Alam and Justice CK Prasad passes order asked the Monitoring Authority (MA) headed by former Supreme court judge M B Shah to probe all fake encounter deaths in the state of Gujarat from 2002 to 2006.
  • Aurangabad Electricals (P) Ltd vs CCE & Customs (2011) 1 SCC 121, para 14: Technicalities should not defer rendering of complete justice to a litigant
  • Management of Karnataka State Road Transport Corporation vs KSRTC Staff and Worker's Federation, AIR 1999 SC 1059 at p. 1070: Question of fact cannot be raised for the first time before the Supreme Court.

Constitutional Provisions

Chapter IV of the Constitution of India deals with the topic of Union Judiciary. Here are few important articles from it:

  • Article 124: Establishment and constitution of Supreme Court
  • Article 125: Salaries, etc., of Judges
  • Article 126: Appointment of acting Chief Justice
  • Article 127: Appointment of ad hoc judges
  • Article 128: Attendance of retired Judges at sittings of the Supreme Court
  • Article 129: Supreme Court to be a court of record
  • Article 130: Seat of Supreme Court
  • Article 131: Original jurisdiction of the Supreme Court
  • Article 131A: [Repealed.]
  • Article 132: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
  • Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters
  • Article 134: Appellate jurisdiction of Supreme Court in regard to criminal matters
  • Article 134A: Certificate for appeal to the Supreme Court
  • Article 135: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
  • Article 136: Special leave to appeal by the Supreme Court
  • Article 137: Review of judgments or orders by the Supreme Court
  • Article 138: Enlargement of the jurisdiction of the Supreme Court
  • Article 139: Conferment on the Supreme Court of powers to issue certain writs
  • Article 139A: Transfer of certain cases
  • Article 140: Ancillary powers of Supreme Court
  • Article 141: Law declared by Supreme Court to be binding on all courts
  • Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
  • Article 143: Power of President to consult Supreme Court
  • Article 144: Civil and judicial authorities to act in aid of the Supreme Court

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