Powers of Supreme Court

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 Constitution has granted many powers to Supreme Court.  It is not only federal court like America but also a final court of appeal like British House of Lords. It is final interpreter and guardian of Constitution. 

Here are the powers of the Supreme Court of India explained in a clear and simple way:



1. Original Jurisdiction (मूल अधिकार क्षेत्र)

Supreme Court has exclusive rights on certain types of cases. These include:

Disputes between the Centre and State or more States

Disputes between two or more States

Article 131 of the Indian Constitution grants Original Jurisdiction to Supreme Court to hear and decide Disputes between Union and States or between two or more States. 

In these Disputes Supreme Court have Exclusive Original Jurisdiction. It means not other court hear these cases and the power to hear such disputes in the first instance not by the appeals.  

Supreme Court doesn't extend their decision in these cases like pre Constitutional treaty, agreement, Inter states water Disputes, adjustment of some cases related to pension and Finance Commission matters.




2. Appellate Jurisdiction (अपील अधिकार क्षेत्र)

Supreme Court of India take legacy of Federal Court of India. Along with it replaced British Privy Council as the highest court of Appeal. 

Article 132 of Indian Constitution grants Appellate Jurisdiction to the Supreme Court. It means Supreme Court can hears appeals against judgments of High Courts and interprete constitution.

Appeals can be related to:


Civil cases


Criminal cases


Constitutional matters


3. Writ Jurisdiction (रिट जारी करने की शक्ति)

Supreme Court is not only an interpret of constitution but also a guarantor and protector of Fundamental Rights.

Under Article 32, the Court can issue writs for protecting Fundamental Rights:

Habeas Corpus, Mandamus, Prohibited, Certiorari, Quo-Warranto

Supreme Court has Original Jurisdiction in this regard means citizens can directly visit Supreme Court in case of violates their Fundamental Rights. Although this Jurisdiction is not exclusive that citizen can visit High Courts also under Article 226.

Dr. B.R. Ambedkar called Article 32 the “Heart and Soul of the Constitution.”


4. Judicial Review (न्यायिक पुनरावलोकन)

Judicial Review is the power of Supreme Court to examine the constitutionality of any Law and Decision made by Parliament or State Legislatures. There are many Articles in Indian Constitution which give Supreme Court such powers like Article 13, 32, 137, 142 etc. Although this term is not directly mention in Constitution but these Articles defines these powers of Supreme Court. 


5. Advisory Jurisdiction (सलाहकारी अधिकार क्षेत्र)


Under Article 143, the President can seek the Court’s advice on legal questions of public  importance and Constitutional matter. Although these powers are only Advisory not Judicial.  So advice given by Supreme Court is not binding on President. 



6. Court of Record (रिकॉर्ड की अदालत)


Under Article 129, the Supreme Court keeps records of all judgment and has the power to punish for contempt of Court. These records are accepted as evidence and value in coming proceedings. Contempt of court may be civil or Criminal. 



7. Administrative Powers


The Court appoints start and makes rules for its functioning. Court also supervises lower courts indirectly through judgments



8. Miscellaneous Powers


Supervising transfer of cases between courts (Article 139A)

Appointing ad-hoc judges (Article 127)

Ensuring free and fair elections through judicial review

Ordering CBI investigations in special cases

These are some extra powers of Supreme Court. 

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