Article 32 and the five writs: how the Supreme Court's original, appellate and advisory jurisdictions work

Background

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to a dispute between the Government of India and one or more States, or between two or more States, in so far as the dispute involves a question of law or fact on which the existence or extent of a legal right depends. Article 32 of the Constitution gives the Court an extensive original jurisdiction for the enforcement of Fundamental Rights: it is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Its appellate jurisdiction can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134, and under Article 136 the Court may in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order of any Court or Tribunal in the territory of India. Its advisory jurisdiction is exercised on matters specifically referred to it by the President of India under Article 143. Under Articles 129 and 142 the Court is vested with power to punish for contempt of court, including contempt of itself. In India a writ petition may be moved not only by an aggrieved individual but also by a public-spirited individual or group, which is how Public Interest Litigation works.