The Supreme Court of India is the highest judicial authority in the country. The court has two types of jurisdiction, namely Appellate Jurisdiction and Advisory Jurisdiction. In this article, we will discuss these two types of jurisdictions in detail.
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Appellate Jurisdiction of Supreme Court
Appellate Jurisdiction of Supreme Court refers to the power of the court to hear and decide appeals from lower courts or tribunals. In the case of the Supreme Court of India, its Appellate Jurisdiction is derived from Article 136 of the Indian Constitution, which grants the court the power to entertain appeals from any court or tribunal in the country.
Types of Cases
The Supreme Court can hear appeals in both civil and criminal cases. It can also hear appeals from High Courts in both civil and criminal matters. In addition, the court can hear appeals against orders of the Armed Forces Tribunal, National Green Tribunal, and other specialized tribunals.
Procedure for Filing an Appeal
The procedure for filing an appeal in the Supreme Court is governed by the Supreme Court Rules, 2013. The appeal can be filed either by the aggrieved party or by the government, depending on the case. The appeal must be filed within the time limit specified by the rules.
Powers of the Supreme Court in Appellate Jurisdiction
The Supreme Court has extensive powers in its Appellate Jurisdiction. It can reverse, modify or uphold the judgments of the lower courts or tribunals. It can also remand cases back to the lower courts for fresh consideration. The court can also issue directions or orders to the lower courts or tribunals to ensure that justice is done.
Advisory Jurisdiction of Supreme Court
Advisory Jurisdiction refers to the power of a court to give advice or opinion on questions of law or fact referred to it by the President or the Governor of a state. The Advisory Jurisdiction of the Supreme Court is derived from Article 143 of the Indian Constitution.
Types of Advisory Jurisdiction The Supreme Court can give advice or opinion on any question of law or fact which the President may refer to it for consideration. The court can also give advice on any question of law or fact which a Governor of a state may refer to it, provided that the matter relates to the administration of the state.
Procedure for Filing a Reference
The procedure for filing a reference in the Supreme Court is governed by the Supreme Court Rules, 2013. The reference can be made either by the President or by the Governor of a state. The reference must be in the form of a written statement of facts and questions of law or fact.
Powers of the Supreme Court in Advisory Jurisdiction
The Supreme Court has the power to give its opinion on any question of law or fact referred to it by the President or the Governor of a state. The opinion given by the court is binding on all courts and tribunals in the country.
Difference between Appellate Jurisdiction and Advisory Jurisdiction
A. Nature of Jurisdiction The Appellate Jurisdiction of the Supreme Court is adversarial in nature, meaning that it involves two parties in a dispute. On the other hand, the Advisory Jurisdiction of the court is non-adversarial, meaning that it does not involve any parties in a dispute.
B. Procedure for Filing The procedure for filing an appeal in the Supreme Court is initiated by the aggrieved party or the government, while the procedure for filing a reference is initiated by the President or the Governor of a state.
C. Powers of the Supreme Court In its Appellate Jurisdiction, the Supreme Court can modify, reverse or uphold the judgments of lower courts or tribunals, while in its Advisory Jurisdiction, the court can only give its opinion on questions of law or fact referred to it by the President or Governor of a state.
Importance of Appellate and Advisory Jurisdiction of Supreme Court
A. Protection of Fundamental Rights: The Appellate Jurisdiction of the Supreme Court is critical in protecting the fundamental rights of citizens. The court can hear appeals against judgments that violate the fundamental rights guaranteed by the Constitution. This ensures that the citizens of the country are not deprived of their rights unjustly.
B. Interpretation of Constitution: The Advisory Jurisdiction of the Supreme Court is important in interpreting the Constitution. The court can give its opinion on questions of law or fact referred to it by the President or Governor of a state. This helps in resolving complex legal issues and ensures that the Constitution is interpreted correctly.
C. Judicial Review: Both the Appellate Jurisdiction and Advisory Jurisdiction of the Supreme Court are important in ensuring judicial review. The court can review the decisions of lower courts and tribunals to ensure that justice is done. The court can also give its opinion on important legal issues, which helps in developing the law and setting precedents.
Conclusion
The Appellate Jurisdiction and Advisory Jurisdiction of the Supreme Court are essential for maintaining the rule of law and upholding the Constitution. These jurisdictions ensure that justice is delivered to every citizen of the country. The Supreme Court is the ultimate protector of the Constitution and the rights of the citizens. Its role in the legal system of India is crucial, and its powers in both Appellate Jurisdiction and Advisory Jurisdiction are critical for ensuring justice for all.
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