Supreme Court & Its Jurisdiction

That fact is supreme court is SUPREME in all sense, its jurisdiction is limitless, uncurbed and extraordinary within territory of India, if the question comes to discharge substantial justice. The Supreme Court can enact new law, overrule any law and revise its own finding, if it is needed to discharge substantial justice.

Subject to the provisions of any law made by the Parliament or any rules made under Article 145, the Supreme Court shall have the power to review any judgment pronounced or order made by it.

The Supreme Court is the court of record and has all the powers of such a court, including the power to punish for contempt of itself. The Supreme Court has the original jurisdiction in 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 other States on the other; or between two or more States.

An appeal shall lie to the Supreme Court from any judgment, decree or final order, in a civil, criminal or other proceeding, if the High Court certifies under Article 134A that the case involves a substantial question of law as to the interpretation of the Constitution.

An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India, if the High Court certifies under Article 134A of the Constitution that the case involves a substantial question of law of general importance and, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

Notwithstanding anything contained in this Article, no appeal shall, unless Parliament by law or otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.

An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India, if the High Court has, on appeal, reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn for trial before itself any case from any court subordinate to its authority and has, in such trial, convicted the accused person and sentenced him to death; or if the High Court certifies under Article 134A that the case is a fit one for appeal to the Supreme Court, subject to the proviso thereunder.

Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or an application made by the Attorney- General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:

Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn and the High Court shall, on receipt thereof, proceed to dispose of the case in conformity with such judgment.

The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

The law declared by the Supreme Court is binding on all courts within the territory of India. The Supreme Court may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it and it shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

Where a question of law or fact, which is of public importance, has arisen or is likely to arise and if the President is of the view that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to it for consideration and the Supreme Court may, after such hearing as it thinks fit, report to the President its opinion thereon.

Notwithstanding anything contained in the proviso to Article 131, the President may refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

All civil and judicial authorities in the territory of India shall act in aid of the Supreme Court.