Introduction
The Supreme Court of India aka Bhratya Ucchatama Nyylaya is India's supreme judicial body and the Republic of India's highest court under the constitution. The Supreme Court of India, the highest court of justice in India, has a maximum of 34 justices and vast powers in the form of original, appellate, and advisory jurisdictions and judicial review, which is led by the Chief Justice of India. The Supreme Court of India was established under Chapter IV of Part V of the Indian Constitution. The Union Judiciary is the fourth chapter of the Indian Constitution. The Supreme Court of India has complete jurisdiction under this Chapter. The Supreme Court of India was formed and established in accordance with Article 124. The Supreme Court is the Court of Record, according to Article 129. The Supreme Court has power over the Federal Court under Article 135. Special leave to appeal to the Supreme Court is dealt with under Article 136. Article 139 relates to the Supreme Court is granted the authority to issue certain writs. Article 140 grants the Supreme Court ancillary powers. Article 141 of the Constitution grants the Supreme Court the power to make laws. The Supreme Court's decision is binding on all courts in the country.
What is Jurisdiction
This noun jurisdiction descends from Latin jūrisdictiō, formed from jūris from jūs "law" plus dictio, "the act of saying." The limit of judicial authority, or the extent to which a court of law can exercise its authority over claims, cases, appeals, and other matters, is known as jurisdiction. The justification for creating the idea of jurisdiction in law is that a court should only be allowed to try to judge topics with which it has some relationship or that fall within the territorial, administrative, or monetary constraints of its power.
Types of Jurisdictions
Original Jurisdiction
Given in Article 131, refers to a court's jurisdiction to take cognizance of cases that can be tried and decided in such courts first. It differs from appellate jurisdiction in that in the latter, the courts rehear and review a case that has previously been determined, whereas, in the former, cases are tried for the first time.
Appellate Jurisdiction
Article 132, 133, and 134, refers to a court's ability to hear or reconsider a matter that has already been determined by a lower court. Higher courts often have appellate authority. Both the High Courts and the Supreme Court of India have appellate jurisdiction over cases filed before them in the form of an application. They can either overturn or maintain the lower court's decision. They can also change the meaning of a statement. Advisory Jurisdiction Article 143 of the Constitution empowers the President to seek the Supreme Court's opinion on two types of issues: On any legal or factual matter of public significance that has occurred or is likely to develop. Concerning any preconstitutional treaty, agreement, covenant, engagement, sanador, or other similar instruments.
Judicial Review
Judicial review is the power of the Supreme Court to consider the legality of both federal and state legislative enactments and presidential actions. The Supreme Court can declare them unlawful, unconstitutional, and invalid: null and void if they are determined to be in violation of the Constitution: ultra-vires. As a result, the government is powerless to enforce them.
Writ Jurisdiction
The Supreme Court has the authority to grant writs such as habeas corpus, mandamus, prohibition, quo-warranto, and certiorari to vindicate an aggrieved citizen's basic rights. In this aspect, the Supreme Court possesses original jurisdiction, which means that an aggrieved person can file a complaint with the Supreme Court without having to go through the appeals process. The Supreme Court's writ jurisdiction, however, is not exclusive. The High Courts also have the authority to issue writs to enforce the Fundamental Rights.
Court of Record
The Supreme Court has two powers as a Court of Record: The Supreme Court's decisions, sessions, and acts are all documented for future reference and evidence. When presented in court, these records are acknowledged to be of evidential value and cannot be questioned. They are regarded as precedents
and references in the law. It has the authority to penalise contempt of court with either simple imprisonment for up to six months or a fine of up to 2,000 dollars, or both.
Subject matter Jurisdiction
It is described as the power given to a court of law to try and hear matters of a specific sort and about a specific subject area. District Forums formed under the Consumer Protection Act of 1986, for example, have exclusive jurisdiction over consumer-related disputes. It is unable to hear criminal cases.
Territorial Jurisdiction
The geographical limitations of a court's authority are clearly defined and determined under this sort of jurisdiction. It is unable to wield jurisdiction outside of its territorial/geographical boundary.
Pecuniary Jurisdiction
The word 'pecuniary' means ‘money-related.' Pecuniary jurisdiction seeks to determine whether a court of law can hear cases and claims based on their monetary value/amount.
Other types of Jurisdictions
• Summary Jurisdiction: The competence of a court to try cases in accordance with the summary procedure is referred to as summary jurisdiction. In order to resolve a disagreement quickly, such proceedings take the form of summary trials.
• Concurrent Jurisdiction: Concurrent jurisdiction refers to a scenario in which more than one court of law has jurisdiction over a certain issue. This sort of jurisdiction is sometimes referred to as 'co-ordinate jurisdiction.'
• Admiralty Jurisdiction: Admiralty jurisdiction refers to cases involving commercial and marine law.
• Probate Jurisdiction: Probate jurisdiction covers matters relating to the administration and guardianship of a deceased person's estate. Cases regarding the administration and execution of a deceased person's will,
for example.
When Supreme Court has no jurisdiction
A dispute arising out of any pre Constitution treaty, agreement, covenant, engagement, sanad, or other similar instrument is not within the Supreme Court's jurisdiction.
• A dispute resulting from a treaty, accord, or other arrangements that expressly states that the jurisdiction does not extend to such a case.
• Water issues between states.
• The Finance Commission has been contacted about a number of issues.
• Certain costs and pensions are adjusted between the Centre and the
states.
• Ordinary commercial disagreement between the federal government and
the states.
• Damages sought by a state against the Centre.
REFERENCES
https://main.sci.gov.in/jurisdiction