29.
Explain the original, appellate and advisory functions of the Supreme Court of India.
The jurisdiction of the Supreme Court is divided into three categories:
i. Original - In its original jurisdiction the Supreme Court acts as the guardian and protector of the constitution. The Supreme Court has exclusive jurisdiction in case of (a) Union vs. one or more States (b) Union and one or more State vs. one or more States (c) One or more States vs. one or more States.
ii. Appellate - Appellate jurisdiction of the Supreme Court extends to both civil and criminal cases. As the highest court of the country appeals in all such cases from the High Court lie with the Supreme Court. In a civil case if the High Court certifies that the case has constitutional significance or that the case is fit for appeal to the Supreme Court, the court hears appeal from the judgment of the High Court.
In a criminal case, appeals may be made to the Supreme Court if (1) the High Court reverses acquittal by a lower court and award death sentence in a case or if (2) the High Court certifies that the case is fit for appeal to the Supreme Court.
The Supreme Court also has a Writ jurisdiction. It issues writs in the nature of habeas corpus, mandamus, prohibition, certiorari and quo-warranto in enforcement of fundamental rights granted in chapter III of the constitution. However, this jurisdiction is not exclusive. High Court also enjoys this jurisdiction.
iii. Advisory - The Supreme Court has an Advisory jurisdiction. Artcile 143 empower the President to seek the Court’s advisory opinion on any question of law or fact. Such advice however is not binding on the President.
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