These disputes must involve legal rights and not just political disagreements. Such original jurisdiction highlights the Court’s role as an arbitrator in federal conflicts, ensuring a balance between the Centre and the States in line with the federal structure of the Constitution. Notably, Article 131 prevents any other court from hearing such disputes.

Writ Jurisdiction under Article 32

The Supreme Court’s writ jurisdiction is a fundamental mechanism for the protection of Fundamental Rights under Part III of the Constitution. Under Article 32, any individual can approach the Court if they believe their fundamental rights have been violated. The Court can issue the following writs:

• Habeas corpus: To release a person unlawfully detained.

• Mandamus: To compel a public authority to perform a legal duty.

• Prohibition: To prohibit lower courts from exceeding their jurisdiction.

• Quo warranto: To challenge the legality of someone holding a public office.

• Certiorari: To quash an order passed by a lower court.

Article 32 has been termed the “heart and soul” of the Constitution by Dr. B.R. Ambedkar, emphasizing its importance as a direct remedy for citizens against state actions that infringe on their fundamental rights. The writ jurisdiction highlights the Supreme Court’s role as the guardian of fundamental rights.

Appellate Jurisdiction

The Supreme Court serves as the highest appellate authority in the Indian judicial system, with the power to hear appeals in the following cases:

(i) Appeals in Constitutional Matters (Article 132)

Under Article 132, an appeal can be made to the Supreme Court from any High Court if the case involves a substantial question of law concerning the interpretation of the Constitution. This reflects the Court’s central role in constitutional interpretation, ensuring uniformity across India.

(ii) Appeals in Civil Matters (Article 133)

The Supreme Court also has appellate jurisdiction in civil cases. Under Article 133, civil appeals are allowed when they involve significant questions of law that require interpretation. This jurisdiction upholds the Court’s responsibility in settling crucial legal precedents affecting constitutional principles.

(iii) Appeals in Criminal Matters (Article 134)

Under Article 134, the Court can hear appeals in criminal cases, particularly when the High Court:

• Reverses an acquittal to a conviction.

• Imposes a death sentence.

This ensures the Supreme Court maintains oversight over important criminal jurisprudence, including matters of life and death, while ensuring procedural fairness and adherence to constitutional guarantees, such as those found in Article 21.

(iv) Special Leave Petitions (Article 136)

Article 136 empowers the Supreme Court with discretionary authority to grant special leave to appeal from any judgment or order passed by any court or tribunal in the country, except for cases involving the armed forces. This residual power gives the Court immense scope to address grievances of significant importance where other legal remedies may have failed.

Advisory Jurisdiction under Article 143

The President of India can refer questions of law or fact to the Supreme Court for its opinion under Article 143. This advisory jurisdiction is non-binding but is a valuable constitutional tool for resolving complex legal questions that affect the governance of the nation. For example, the Ayodhya dispute was referred to the Court under this provision, highlighting its role in providing constitutional clarity on matters of national significance.

Judicial Review under Article 13

Judicial review is one of the most significant powers of the Supreme Court. Under Article 13, the Court can examine the constitutionality of legislative enactments and executive orders. If a law is found to be in contravention of the Constitution, particularly the Fundamental Rights, the Supreme Court can strike it down. This power ensures that the laws and policies of the state remain within the limits prescribed by the Constitution. Cases like Kesavananda Bharati v. State of Kerala (1973), where the Court established the Basic Structure Doctrine, highlight its crucial role in preserving the core principles of the Constitution, including democracy, secularism, and the rule of law.

Power as a Court of Record (Article 129)

Under Article 129, the Supreme Court is designated as a Court of Record, meaning it has the authority to maintain records of its proceedings and decisions. These records hold evidentiary value and are binding on all lower courts. Moreover, the Court has the power to punish for contempt of itself, safeguarding the authority and dignity of the judiciary as a whole.

Power to Do Complete Justice (Article 142)

Under Article 142, the Supreme Court has the authority to pass any decree or order necessary to do “complete justice” in any case before it. This extraordinary power allows the Court to transcend procedural technicalities and deliver substantive justice. For example, the Court invoked this power to resolve complex issues like the Ayodhya title dispute. Article 142, thus, reinforces the Court’s role as the ultimate arbiter of justice in constitutional matters.

Transfer of Cases and International Commercial Arbitration

The Supreme Court can transfer cases from one High Court to another to ensure a fair trial. Additionally, it handles matters related to international commercial arbitration, reinforcing its status as an important global judicial forum.

Precedential Value of Supreme Court Judgments

As the highest court in India, the judgments of the Supreme Court are binding on all subordinate courts. Its decisions establish legal precedents that shape the interpretation and application of the Constitution. For instance, landmark cases like Maneka Gandhi v. Union of India (1978) expanded the interpretation of Article 21, broadening the concept of personal liberty and procedural due process under the Constitution.

Review and Curative Petitions

Under Article 137, the Supreme Court can review its own judgments if there is a significant error or if new evidence comes to light. If the review fails, a litigant can file a curative petition, an extraordinary measure to prevent miscarriage of justice. This ensures that the Court’s judgments, while final, are not infallible, reflecting a balance between judicial finality and justice.

Conclusion

The Supreme Court of India, through its extensive powers under the Constitution, plays an indispensable role in safeguarding constitutional law, fundamental rights, and the federal balance. Its jurisdictional powers—from original suits to writ petitions, appellate oversight, judicial review, and the authority to do complete justice—make it the ultimate protector of the Constitution and democracy in India.