Which Issues goes to the Supreme Court

Previously, the Federal Court, which was constituted under the Government of India Act, 1935,  was the Apex Court in India during the British Rule. In the year 1950, the Supreme Court came into existence which took the place of the Federal Court. Being the Apex Court of the country, the Supreme Court acts as the guardian of the Constitution and the custodian of Fundamental Rights. The Supreme Court is the interpreter as well as the controller of the judicial system of the country. 

As provided by the Article 124 of the Constitution, there shall be a Supreme Court in the Country, the decision of the Supreme Court shall be binding on the lower courts of the country.  The judiciary is separate from the other parts of the governance and hence works independently. 

Jurisdiction and the Powers of the Supreme Court

The Supreme Court of the country, as already mentioned, is the Apex Judicial authority of the country. As provided under the Article 141 of the Constitution, the decision of the Supreme Court shall be binding on all the lower courts of the country. Following are some of the powers and functions of the Supreme Court-

Court of Record

As provided under Article 129 of the Indian Constitution, the Supreme Court of India is the Court of Record. It means that the proceedings, decisions or acts of a court enrolled for the evidential matter for indeterminable and testimonial purposes, these are unquestionable when presented before any court. The Supreme Court, as the Court of Record, has the following powers-

1. To determine its jurisdiction
2. To punish for the contempt of court

In the case of Naresh Shridhar Mirajkar v State of Maharashtra (1967), the Supreme Court observed that it has the jurisdiction and power to decide any matter, unless the constitution provides otherwise. 

Similarly, in the case of Om Prakash Jaiswal v D.K. Mittal (2000), the Supreme Court observed that any writ issued by it must be respected as well as obeyed, also the Supreme Court has to protect itself from any that undermines its dignity. 

Original Jurisdiction

Provided under Article 131 of the Constitution of India, the Supreme Court has the Original Jurisdiction in the cases mentioned below-

1. In case there is a dispute between the Central government and one or more states.
2. Dispute between the Central Government any one or more states on one side and one or more states on the other.
3. Between two or more states. 

In case there is a dispute in the election of the President and the Vice President, it is also decided by the Supreme Court.

Power to issue writs

The Supreme Court is the highest judicial authority, protects the fundamental rights of the individuals as well. Under Article 32 of the Constitution, the Supreme Court can issue writs in case an individual approaches the Supreme Court in case of any violation of his Fundamental Rights. 

Following are writs which could be issued by the Supreme Court- 

1. Habeas Corpus- means ‘to have the body of’, this writ could be issued against any government or private party in case it has detained any person through illegal means, to bring him before the court. 
2. Mandamus- is issued to compel a person holding a public office to discharge the duties he is legally bound to perform
3. Certiorari- means ‘to be certified’, this writ is issued by the Supreme Court to quash an order passed by a lower court, in case there is an excess of power or Jurisdiction. 
4. Prohibition- similar to the writ of certiorari, the writ of prohibition is issued to prevent a lower court from passing an order if the Supreme Court believes that it has exceeded its jurisdiction.
5. Quo warranto- means ‘by what authority’, this writ is issued by the Supreme Court against a party who claims to hold an office of public authority, which it is not entitled to hold. 

Appellate jurisdiction

The Supreme Court is the highest authority of appeal and can decide the constitutional, civil as well as the criminal appeals. 

1. As provided under the Article 132 of the Constitution, an appeal could be made for any judgement of the High Court whether of the civil nature or criminal nature, in case the High Court issues a certificate stating that  the said case contains a substantial question of law regarding the interpretation of the provisions of the constitution.
2. Under Article 134(1) of the Constitution, a criminal appeal could be filed in the SC, if-

• The High Court sentenced a death penalty by reversing the judgement of the lower court. 
• If the High Court suo moto withdraw a case from the lower court and sentenced the accused a death penalty.
• If the High Court issues a certificate that the case is fit for appeal in the SC. 

Interpretation of the Constitution

As provided under Article 132 of the Constitution,in case there is a High Court judgement, decree or order regarding any civil or criminal proceeding which involves a substantial question of law regarding the interpretation of the Constitution, an appeal can be made to the Supreme Court.

Under Article 143 of the Constitution, the Supreme Court could provide advice to the government or the President, in cases related to the interest of the public or in case there is a case where a substantial question of law arises. 

Conclusion

Above mentioned are some of the powers as well as the jurisdiction of the Supreme Court, hence in the matters mentioned above the Supreme Court could give its judgement. In case you seek to file a case in the Supreme Court, it is advised to appoint an experienced advocate who could guide you through the various procedures as well as the provisions of law involved in your case. Lead India offers you a team of experienced advocates who have been practising in the Supreme Court and have successfully dealt with cases of civil as well as criminal nature.