Original, appellate and advisory: the three heads of Supreme Court jurisdiction

Background

The Supreme Court of India 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 on which the existence or extent of a legal right depends. Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court for enforcement of Fundamental Rights, and it is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. The appellate jurisdiction can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of a judgement, decree or final order in civil and criminal cases involving a substantial question of law as to the interpretation of the Constitution. Under Article 136 the Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order passed by any Court or Tribunal in the territory of India. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. The Court may also direct the transfer of a civil or criminal case from one High Court to another, and may withdraw to itself cases pending before High Courts that raise the same substantial questions of general importance. Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.