Presentation By :

Manoj Lilani - Introduction & Original

Jurisdiction

Ashutosh Agarwal - WRITS & Contempt of court

Sahil Sharma - Appellate Jurisdiction

Shreyas Mishra - SLP & Revisory Jurisdiction

Nishchal Tandon - Law Making Power &

Advisory

Anshul Rawat - Rules of Court

Supreme Court of India - Jurisdiction

Honourable Chief Justice of India

A PERSON TODAY DOESN’T UNDERSTAND THE MEANING OF FREEDOM , BECAUSE HE NEVER HAD HIS FREEDOM CURTAILED.

ASK THE FREEDOM FIGHTERS !

THUS , THE FOUNDING FATHERS OF THE CONSTITUTION , WANTED THE JUDICIARY TO FUNCTION AS THE PROTECTOR OF ITS PEOPLE , INTERPRETER AND GUARDIAN OF THE CONSTITUTION

Guardian of the Constitution The Supreme Court enjoys the

privilege of protecting the constitution against violation of its provisions either by government or by the people.

It acts as the watch tower of the constitution and also exercises the power of interpreting the contents of the constitution.

But its powers were undermined during the emergency (1975-1976)

Original Jurisdiction – Art. 131 Dispute between:

1. Govt. of India and any State.2.Govt. of India and any State on one side and any other

State on other side.3. Two or more States inter se.

Subject matter of Dispute: Any question of Law or Fact on which existence or extent of

legal right depends.

Exceptions:1. Pre-Constitution Treaties, Agreements2. Inter-State Water disputes

Enforcement of Fundamental Rights: Art. 32

Habeas CorpusMandamusProhibition CertiorariQuo Warranto

Habeas Corpus To have a body Object : To set free a person illegally detained

Producing Body in Court Necessary? Petition by friend/Relative also. Locus Standi liberalised

Writ addressed to: Government An Official Private Person

For disobedience : Contempt of Court

Mandamus Mandamus = A Command Order to do something: demands some activity Command to perform Public or Quasi-public duty Writ available against: Government Public Servant Judicial Body Writ not available against President of India Governor Private Individual

Prohibition Order to stay a judicial Proceeding When? Excess of Jurisdiction No Jurisdiction During pendency of proceeding (Prevention) To whom? Judicial Authority Quasi-judicial Authority Public Servant having duty to act judicially Not to Administrative Authority

Certiorari To whom : Judicial or Quasi-Judicial Authority Object: To quash order or decision (Cure) When? Court or Tribunal acts without jurisdiction

Principles of Natural Justice not followed: Bias: Personal, Pecuniary

Audi Alteram Partem Speaking Order Decision obtained by Fraud, Collusion,

Corruption Error of Law apparent on the face of record

Quo Warranto Quo Warranto = What authority? Court inquires into legality of claim to Public

Office Court ousts incumbent if claim not well founded Object: To prevent usurpation of Public

Office(Constitutional or Statutory) When? Disqualified for the post Procedure not followed Irregular appointment Locus standi liberal

Court of Record – Art. 129 A court of record is a court whose

judgments are recorded for evidence and testimony .

The judgments are in the nature of precedents.

The High courts and other courts are bound to give a similar decision in a similar case .

The Supreme Court of India shall be a Court of Record and shall have all powers of such a court to punish for contempt of itself.

Contempt of Court – Art. 129 The Supreme Court enjoys the

authority of imposing fine or imprisonment for violating the orders of the court.

Example – Chief Secretary to the Government of Karnataka , S. Vasudevan was imprisoned in 1996 for not implementing the orders of the Supreme Court of India .

Appellate Jurisdiction – Art. 132 - 135 Civil From Judgment, Final Order, Decree,

Sentence of High Court Constitutional. Question involved: Substantial question of

Law as to the Interpretation of the Constitution Certificate of the High Court

No Constitutional Question involved: Substantial Question of Law of general importance In the opinion of the High Court the said question needs to be decided by the Supreme Court Certificate of the High Court.

Appellate Jurisdiction – Art. 132 - 135 Criminal As of right: High court on appeal

reverses an order of Acquittal and sentences to death.

High Court withdraws a case to itself from subordinate court and sentences to death. High Court enlargement of Cr. App. Juris. Act, 1970

On Certificate of the High Court : High Court certifies a criminal case as fit one for

appeal to the Supreme Court. Substantial question of law as to the interpretation of the Constitution + Cert. of HC

Special Leave to Appeal (SLP) Art. 136 Art. 136 of the indian constitution empower

supreme court to grant SLP from- any judgment, decree, order, sentence, determination in any cause or matter Passed or made by any Court or Tribunal Exception.

Exception :Art.136(2) Judgment of court of the armed forces Circumstances / grounds:1. Against any judgment or Decree or Order of any

High court / Tribunal in the territory of India.2. SLP can be filed in case the high court refuses to

grant certificate of fitness for appeal to Supreme court of India.

3. In exceptional cases -Pritam Singh V. the state

Special Leave to Appeal (SLP) Art. 136

A. Illegality,B. Irregularity,C. Error of Law D. Miscarriage of Justice Principles of Natural

Justice violated Discretionary power-not right of

appeal(21) Residual power-clarified by Supreme court Delhi Judicial service Assn. V. State of

gujarat

Special Leave to Appeal (SLP) Art. 136 Criminal case- Supreme court does

not function as a regular court of appeal in every criminal case

Not reappraise the evidence in every case’s

only when it’s shows that there is special and exceptional circumstance

Mohd. Newaz V. Emperor- in criminal appeal

Tribunals- must be constituted by state and is vested some judicial power of the state

Special Leave to Appeal (SLP) Art. 136 Who can File SLP : Any Aggrieved party. Time Limit : SLP can be filed against any judgment of

High Court within 90 days. within 60 days against the order of High

court refusing to grant certificate. Requirment- Signed by Advocate on record,7 copies of the

petition, cretified copies of previous judgment

Revisory Jurisdiction - Art. 137 The supreme has expressly been given

the power to review its judgment. When? Discovery of new important matters of

evidence Mistake or error on the face of the record Any other sufficient reason. R.D. Sugar v. V .Nagary AIR 1976- Review is exceptional phenomenon. Only where a grave and glaring error

In a review petition ,an error of substantial nature only can be reviewed

Under this Art the power is exercisable in accordance with, and subject to , the rules of the court made under ART 145 .

CURATIVE Petition –Rupa Ashok Hurra V. Ashok Hurra. This petition can be filed against any final order or judgment of the court .in non observance of the principles of natural justice .

Ancillary powers of supreme court- article 140 Enable parliament to confer such

supplementary power on the supreme court

To perform the function placed upon it under the constitution.

Supreme Court “makes” law-141 “the law declared by the Supreme

Court shall be binding on all Courts within the territory of India”

The law declared by the Supreme Court is the law of the land. It is a precedent for itself and for all Courts/ tribunals and authorities in India

Article 141 empowers the Supreme Court to ‘declare’ the law and not enact it.

Supreme Court “makes” law-141 this Article recognizes the role of the

Supreme Court to alter the law in the course of its function to interpret a legislation so as to bring the law in harmony with social changes.

A decision is available as a precedent only if it decides a question of law. [Patnaik v. union of india]

Supreme Court “makes” law-141 The following kinds of decisions

cannot be deemed to be a law declared to have a binding effect as is contemplated by Article 141:-

1. The decision that is not express2. The decision not founded on

reasons .3. The decision that does not proceed

on consideration of the issue

Enforcement of decree and order of Supreme Court-142

may pass such decrees or order as is necessary for doing complete justice

such decrees or order shall be enforceable throughout the territory of india

It is inherent power of Supreme Court, it means it can’t be invoked when alternative remedy is available

Delhi judicial service association V. State of Gujarat AIR 1991

Advisory Jurisdiction – 1 Art. 143 President may refer to Supreme

Court for opinion Question of Law or Fact: Which has arisen or likely to arise And of great public importance Court may after ‘Hearing’ report to the President. Court Shall after ‘Hearing’ report Judges to hear

Minimum 5 No litigation – Opinion not binding on

the Govt.

Advisory Jurisdiction – 2 Art. 143 In re Berubari Union (1960) Keshav Singh’s case (1965) Cauvery Water Disputes

Tribunal(1992) Ismail Faruqui v. Union of India (Ram

Janma Bhumi case) (1994)

Civil and judicial authorities to act in aid of supreme court- Art 144

All authorities, civil and judicial, in territory of india shall act in aid of the supreme court

RULES OF SUPREME COURT ,Art 145

Under article 145 the supreme court has power, with the approval of the president to make rules to regulate its own procedure.

RULES OF SUPREME COURT, Art 145• RULES:• Procedure for hearing appeals.• • persons practicing before the court .

• proceedings in the court • (enforcement of the • rights conferred by part 3).

• Entertainment of appeals .

• Reviewing of judgment.

• Granting of bail.

• Stay for proceedings.

• Procedure for inquiries referred to in clause (1) of article 317.

Power of Judicial Review The Supreme Court of India is the interpreter

of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures.

The Supreme Court of India can declare a law ultra virus or null and void , if it is against the letter and spirit of the Constitution.

This power is referred to as the power of Judicial Review.

Example – Presidential order concerning de- recognisation of the former princes .

Miscellaneous Transfer of Cases Appeals from one High Court to another Withdrawal of cases from High Court. Precedent : Law declared by Supreme

Court binding on all courts. (Art. 141)Art. 142: Doing complete justice Rule making

power Interpretation of the Constitution Power of Judicial Review (Invalidating laws and executive actions)

Laws deemed unconstitutional On 1 February 1970, the Supreme

Court invalidated the government-sponsored Bank Nationalization Bill that had been passed by Parliament in August 1969.

The Supreme Court also rejected as unconstitutional a presidential order of 7 September 1970, that abolished the titles, privileges, and privy purses of the former rulers of India’s old princely states.

CONCLUSION The independence of judiciary was severely

curtailed on account of powerful ruled by Indian National Congress. This was during the Indian Emergency of Indira Gandhi.

The constitutional rights of imprisoned persons were restricted under Preventive detention laws passed by the parliament.

But the judiciary is the guardian of the constitution , protector of the fundamental rights and our only source of justice.

WHEN THE EXECUTIVE CAN REACH SUCH EXTREMITIES ? - THEN TO PROTECT THE PEOPLES RIGHTS , WE HAVE ANJUDICIARY

THANK YOUFor

Listening patiently.