1/24/24, 10:46 AM Jurisdiction | SUPREME COURT OF INDIA

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death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any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 130-A of the Customs Act, 1962, and Section 82C of the Gold (Control) Act, 1968.
Appeals also lie to the Supreme Court under the Representation of the People Act, 1951, Advocates Act, 1961, The Contempt of Courts
Act, 1971, Income Tax Act, 1961, Customs Act, 1962, Central Excises Act, 1944, Code of Criminal Procedure, 1973, The Supreme
Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, The Special Court (Trial of Offences Relating to Transactions in
Securities) Act, 1992, Securities and Exchange Board of India Act, 1992, Telecom Regulatory Authority of India Act, 1997, Competition
Act, 2002, Electricity Act, 2003, National Tax Tribunal Act, 2005, Armed Forces Tribunal Act, 2007, Petroleum and Natural Gas
Regulatory Board Act, 2006, Airports Economic Regulatory Authority of India Act, 2008, National Green Tribunal Act, 2010, Companies
Act, 2013, Pension Fund Regulatory and Development Authority Act, 2013, Black Money (Undisclosed Foreign Income and Assets) and
Imposition of Tax Act, 2015, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Insolvency
and Bankruptcy Code, 2016, Central Goods and Services Tax Act, 2017, Major Port Authorities Act, 2021, and Consumer Protection
Act, 2019.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.

Order XLVIII of the Supreme Court Rules, 2013 provides that the Supeme Court can reconsider its final judgment/ order by way of a
Curative Petition on limited grounds after the dismissal of Review Petition.

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. 5,00,000/- 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. 60,000/- but under Rs. 7,50,000/- 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 25 High Courts in the country, three having jurisdiction
over more than one State. Among the Union Territories Delhi,- and Union Territories of Jammu & Kashmir and Ladakh have a High

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Court of their own. Other five 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 practised 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 (*Annexure.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 under
Article 165 of the Constitution of India. 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 is 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

S. Year of Territorial
Name of the High Court Principal Seat & Bench
No. Establishment Jurisdiction

Maharashtra,
Dadra and Nagar Principal Seat : Mumbai
1. Bombay High Court 1862 Haveli, Daman & Other Benches : Panaji,
Diu*, Aurangabad, and Nagpur
Goa

West Bengal Principal Seat : Kolkata

2. Calcutta High Court 1862 Andaman & Nicobar Other Benches : Port
islands* Blair and Jaipaiguri

Tamil Nadu Principal Seat : Chennai

3. Madras High Court 1862
Pondicherry* Bench : Madurai

Principal Seat :
4. Allahabad High Court 1866 Uttar Pradesh Prayagraj
Bench : Lucknow

Principal Seat :
Bengaluru
5. Karnataka High Court 1884 Karnataka
Other Benches :
Dharwad and Gulbarga

6. Patna High Court 1916 Bihar Patna

Assam, Principal Seat :

Nagaland, Guwahati
7. Guwahati High Court 1948
Mizoram, Other Benches : Kohima,
Arunachal Pradesh Aizawl, and Itanagar

8. Odisha High Court 1949 Odisha Cuttack

Principal Seat : Jodhpur

9. Rajasthan High Court 1949 Rajasthan
Bench : Jaipur

Principal Seat : Jabalpur

10. Madhya Pradesh High Court 1956 Madhya Pradesh Other Benches : Gwalior
and Indore

Kerala,
11. Kerala High Court 1958 Kochi
Lakshadweep*

12. Gujarat High Court 1960 Gujarat Sola(Ahmedabad)

13. Delhi High Court 1966 Delhi* New Delhi

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14. Himachal Pradesh High Court 1971 Himachal Pradesh Shimla

Punjab, Haryana,
15. Punjab & Haryana High Court 1975 Chandigarh
Chandigarh*

16. Sikkim High Court 1975 Sikkim Gangtok

17. Chhattisgarh High Court 2000 Chhattisgarh Bilaspur

18. Uttarakhand High Court 2000 Uttarakhand Nainital

19. Jharkhand High Court 2000 Jharkhand Ranchi

20. Tripura High Court 2013 Tripura Agartala

21. Manipur High Court 2013 Manipur Imphal

22. Meghalaya High Court 2013 Meghalaya Shillong

23. Telangana High Court 2019 Telangana Hyderabad

24. Andhra Pradesh High Court 2019 Andhra Pradesh Amravati

Jammu & Kashmir and Ladakh

(Note: In 1928, Jammu & Kashmir high court
Jammu and
25. was established. Post-bi-furcation of J&K into 2019 Jammu & Srinagar
Kashmir*, Ladakh*
two union territories; there is now a common
high court.)

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