Writs, special leave and an advisory opinion: the three jurisdictions of the Supreme Court
Background
The Supreme Court has been in the news through this week for a run of orders, and the Court's own description of its powers explains where each of them comes from.
The Supreme Court has original, appellate and advisory jurisdiction.
Its exclusive original jurisdiction extends to disputes between the Government of India and one or more States, or between two or more States, where the dispute involves a question on which the existence or extent of a legal right depends.
Article 32 gives it a further original jurisdiction for the enforcement of Fundamental Rights, under which it may issue directions, orders or writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari.
Appeals come by a certificate of the High Court under Article 132(1), 133(1) or 134, and the Court may in its discretion grant special leave to appeal under Article 136 from any judgment or order of any court or tribunal in the territory of India.
Its advisory jurisdiction is exercised on a reference made by the President of India under Article 143.
Under Articles 129 and 142 the Court is vested with the power to punish for contempt of court, including contempt of itself, and Order XLVIII of the Supreme Court Rules allows a curative petition on limited grounds after a review petition is dismissed.
In public interest litigation the Court has treated letters, telegrams, postcards and news reports as writ petitions, a judicial innovation the Court describes as unique to itself; the High Court stands at the head of a State's judicial administration, and there are twenty-five High Courts in the country.
In plain words
SLP Special leave petition — A petition asking the Supreme Court to use its discretion under Article 136 to hear an appeal.
Curative petition — A last remedy allowing the Court to reconsider a final order on limited grounds after a review is dismissed.
PIL Public interest litigation — A petition filed by a public-spirited person in a matter affecting the public at large.