SUPREME COURT HIGH COURT POWERS AND FUNCTIONS I. JUDICIAL FUNCTIONS I. JUDICIAL FUNCTIONS 1. ORIGINAL JURISDICTION (applicable to those cases that are brought before the Supreme court for the first time) : those cases which cannot be moved in any court other than the Supreme Court Centre State disputes Disputes between two or more states Interpretation of Constitution - Cases where interpretation of the Constitution is required can be directly filed in the Supreme Court Issue Writs - to prohibit violation of these fundamental rights Power of Judicial Review - To review and to decide whether a law passed by legislature complies with the provisions of the Constitution - Cases related to Judicial Review 2. APPALLETE JURISDICTION * Under this jurisdiction, cases brought before the Supreme court as an appeal against the 1. ORIGINAL JURISDICTION (applicable to those cases that are brought before the High Court for the first time ) Disputes related to state revenue and its collection Disputes related to divorce, admiralty, wills and laws relating to marriage and company law Issue Writs - to prohibit violation of these fundamental rights Power of Judicial Review - To review and to decide whether a law passed by legislature complies with the provisions of the Constitution 2. APPALLETE JURISDICTION * the appellate jurisdiction of the High Court means that the High Court has the power to accept
judgement passed by any other court in the country. The cases brought under this jurisdiction are as follows : Constitutional Cases Cases where the decision of the High Court requires substantial interpretation of the Constitution. If the High Court refuses to certify a case in the above condition the Supreme Court may grant Special Leave to appeal Civil Cases Any civil case where a High Court certifies that the case involves a substantial question of law and it had to be decided by the Supreme Court. Criminal Cases : Where a person is acquitted (free someone from a criminal charge) by the Sessions Court but awarded capital punishment by the High Court can be brought, on appeal, to the Supreme Court. Where a High Court withdraws the case from a lower court, convicts a person and awards capital punishment (the legally authorized killing of someone as punishment for a crime) appeals against the decisions of the District Courts, in civil and criminal matters. Civil Cases : In civil cases the High Courts hear the appeals against the decisions of District Judges. Criminal Cases : When a sentence of imprisonment is declared for more than 7 years by a sessions judge.
Special Leave to Appeal ( Special Leave Petition) : If the High Court refuses to certify a case in any of the above conditions the Supreme Court may grant Special Leave to Appeal. What is Special Leave to Appeal : If the High Court refuses to certify a case to be appealed in the Supreme Court, a Special Leave to Appeal can be obtained from the Supreme Court itself. The Supreme Court grants permission to appeal against any judgement of the High Court or any other courts or Tribunals. ADVISORY JURISDICTION To advise the President on legal issues. The President of India may seek advice of the Supreme Court on important questions of law or facts of public importance and it is necessary to obtain the opinion of the Supreme Court. The Supreme Court is not bound to express any opinion and its advisory opinion is not binding on the President. ADVISORY JURISDICTION To advise the Governor or a government department on legal issues. The High court may advise the legislature, the governor or any other government department if they seek it, in both constitutional and other matters of law. However they are not bound to accept the advice. ADMINISTRATIVE FUNCTIONS Administration of all High ADMINISTRATIVE FUNCTIONS Administration of all
courts and subordinate courts. Regulation of procedure and appointment of services in subordinate courts with the approval of the President. Issue orders to other courts so that people get better, quicker and cheaper justice. subordinate courts. Regulation of procedure and appointment of services in Subordinate courts. Issue orders to Subordinate courts for better justice. GUARDIAN OF THE CONSTITUTION Power to review a law passed by the Legislature as constitutional or not. To declare a law as null and void if found unconstitutional. GUARDIAN OF THE CONSTITUTION Same as Supreme Court Court of Records : A court of record is one, whose judgments are recorded for evidence and testimony for future reference. They are not to be questioned by subordinate courts. Court of Records Same as Supreme Court The judgements are in the nature of precedents. (examples or guides) The Supreme court and the high courts have the power to a person or an organisation for committing contempt of Court.
GUARDIAN OF FUNDAMENTAL RIGHTS Can issue the following writs to enforce Fundamental Rights GUARDIAN OF FUNDAMENTAL RIGHTS Same as Supreme Court HABEAS CORPUS To relieve a person unlawfully detained. MANDAMUS To enforce an inferior court or an individual to perform its duty. PROHIBITION To prohibit a lower court from exercising powers not legally vested with. CERTIORARI To ask a lower court to hand over the record of a particular case. QUO WARRANTO To prevent an individual or company from continuing office illegally held. PUBLIC INTEREST LITIGATION Individuals or groups can address the Chief Justice on issues of public interest.[ eg- regarding traffic issues, water issues, etc] REVISORY FUNCTION The Supreme Court has the power to review any judgement pronounced by it. This provision shows that human judgement is fallible and the Court mat rectify something that PUBLIC INTEREST LITIGATION Individuals or groups can address the Chief Justice on issues of public interest.[ eg- regarding traffic issues, water issues, etc] REVISIONARY JURISDICTION The High Court may call for the record of any case which has been decided by a subordinate court. If the High Court feels that the subordinate court has exercised a
was misjudged. The Supreme Court cannot allow error to continue indefinitely. It causes harm or damage to the general welfare of the public. jurisdiction not vested in it or has acted with gross irregularity, it may make such order in the case as it deems fit.