POLITY JURISDICTION OF SUPREME COURT ........IMPORTANT Appellate Jurisdiction As mentioned earlier, the Supreme Court has not only succeeded the Federal Court of India but also replaced the British Privy Council as the highest court of appeal. The Supreme Court is primarily a court of appeal and hears appeals against the judge- ments of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads: (a) Appeals in constitutional matters. (b) Appeals in civil matters. (c) Appeals in criminal matters. (d) Appeals by special leave. (a) Constitutional Matters In the constitutional cases, anappeal can be made to the Supreme Court against the judgement of a high court if the high court certifies that tbe case involves a substantial question of law tbat requires the interpretation of tbe Constitution. Based on tbe certificate, the party in tbe case can appeal to the Supreme Court on the ground tbat the question has been wrongly decided. (b) Civil Matters In civil cases, an appe- allies to tbe Supreme Court from any judgement of a high court if the high court certifies- (i) that the case involves a substantial question of law of general importance; and (ii) that the question needs to be decided by the Supreme Court. Originally , only those civil cases that involved a sum of Rs. 20,000 could be appealed before the Supreme Court. But this monetary limit was removed by the 30th Constitutional Amendment Act of 1972. (c) Criminal Matters The Supreme Court hears appeals against the judgement in a criminal proceeding of a high court if the high court- (i) has on appeal reversed an order of acquittial of an accused person and sentenced him to death or (ii) has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death; or (iii) certifies that the case is a fit one for appeal to the Supreme Court In the first two cases, an appeal lies to the Supreme court as a matter of right (i.e, without any certificate of the high court). But if the high court has reversed the order of conviction and has ordered the acquittal of the accused, there is no right to appeal to the Supreme Court. In 1970, the Parliament had enlarged the Criminal Appellate Jurisdication of the Supreme Court. Accordingly, an appeal lies to the Supreme Court from the judgement of a high court if the high court: (i) has on appeal reversed an order of acquittial of an accused person and sentenced him to imprisonment for life or for ten years; or (ii) has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to imprisonment for life or for ten years. Further, the appellate jurisdiction of the Supreme Court extends to all civil and criminal cases in which the Federal Court of India had jurisdiction to hear appeals from the high court but which are not covered under the civil and criminal appellate jurisdiction of the Supreme Court mentioned above. (d) Appeal by Special Leave The Supreme Court is authorised to grant in its discretion special leave to appeal from any judgement in any matter passed by any court or tribunal in the country (except military tribunal and court martial). This provision contains the four aspects as under: (i) It is a discretionary power and hence, cannot be claimed as a matter of right. (ii) It can be granted in any judgement whether final or interlocutory. (iii) It may be related. to any matter-constitutional, civil, criminal, income-tax labour, revenue, advocates, etc. (iv) It can be granted against any court or tribunal and not necessarily against a high court (of course, except a military court). Thus, the scope of this provision is very wide and it vests the Supreme Court with a plenary jurisdiction to hear appeals. On the exercise of this power, the Supreme Court itself held that ‘being an exceptional and overriding power, it has to be exercised sparingly and with caution and only in special extraordinary situations. Beyond that it is not possible to fetter the exercise of this power by any set formula or rule’. Advisory Jurisdiction The Constitution (Article 143) authorises the presi- dent to seek the opinion of the Supreme Court in the two categories of matters: (a) On any question oflaw or fact of public impor- tance which has arisen or which is likely to arise. (b) On any dispute arising out of any pre-constitu- tion treaty, agreement, covenant, engagement, sanad or other similar instruments. In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president. But, in the second case, the Supreme Court ‘must’ tender its opinion to the president. In both the cases, the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the president; he may follow or may not follow the opinion. However, it facilitates the government to have an authoritative legal opinion on a matter to be decided by it. So far (2013), the President has made fifteen references to the Supreme Court under its advisory jurisdiction (also known as consultative jurisdiction). These are mentioned below in the chronological order. 1. Delhi Laws Act in 1951 2. Kerala Education Bill in 1958 3. Berubari Union in 1960 4. Sea Customs Act in 1963 5. Keshav Singh’s case relating to the privileges of the Legislature in 1964 6. Presidential Election in 1974 7. Special Courts Bill in 1978 8. Jammu and Kashmir Resettlement Act in 1982 9. Cauvery Water Disputes Tribunal in 1992 10. Rama Janma Bhumi case in 1993 11. Consultation process to be adopted by the chief justice of India in 1998 12. Legislative competence ofthe Centre and States on the subject of natural gas and liquefied natural gas in 2001. 13. The constitutional validity of the Election Commission’s decision on deferring the Gujarat Assembly Elections in 2002 14. Punjab Termination of Agreements Act in 2004 15. 2G spectrum case verdict and the mandatory auctioning of natural resources across all sectors in 2012 A Court of Record As a Court of Record, the Supreme Court has two powers: (a) The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and can- not be questioned when produced before any court. They are recognised as legal precedents and legal references. (b) It has power to punish for contempt of court, either with simple imprisonment for a term up to six months or with fine up to f2,000 or with both. In 1991, the Supreme Court has ruled that it has power to punish for contempt not only of itself but also of high courts, sub- ordinate courts and tribunals functioning in the entire country. Contempt of court may be civil or criminal. Civil contempt means wilful disobedience to any judge- ment, order, writ or other process of a court or wilful breach of an undertaking given to a court. Criminal contempt means the publication of any matter or doing an act which— (i) scandalises or lowers the authority of a court; or (ii) prejudices or interferes with the due course of a judicial proceeding; or (iii) interferes or obstructs the administration of justice in any other manner. However, innocent publication and distribution of some matter, fair and accurate report of judicial proceedings, fair and reasonable criticism of judicial acts and comment on the administrative side of the judiciary do not amount to contempt of court.
Posted on: Fri, 03 Oct 2014 10:27:18 +0000
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