What is the Original jurisdiction of the Supreme Court? What is the Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases? Article 131 and 132 of Constitution of India, 1949
Original jurisdiction of the Supreme Court and Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases are defined under Article 131 and 132 of Constitution of India 1949. Provisions under these Articles are:
Article 131 of Constitution of India "Original jurisdiction of the Supreme Court"
Subject to the provisions of this Constitution, the
Supreme Court shall, to the exclusion of any other court,
have original jurisdiction in any dispute-
(a) between the Government of India and one or more States;
or
(b) between the Government of India and any State or States
on one side and one or more other States on the other; or
(c) between two or more States, if and in so far as the
dispute involves any question (whether of law or fact) on
which the existence or extent of a legal right depends:
Provided that the said jurisdiction shall not extend to a
dispute arising out of any treaty, agreement, covenant,
engagements, and or other similar instrument which, having
been entered into or executed before the commencement of
this Constitution, continues in operation after such
commencement, or which provides that the said jurisdiction
shall not extend to such a dispute.
Article 132 of Constitution of India "Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases"
(1) An appeal shall lie to the Supreme Court from any
judgment, decree or final order of a High Court in the
territory of India, whether in a civil, criminal or other
proceeding, if the High Court certifies under Article 134A
that the case involves a substantial question of law as t
the interpretation of this Constitution.
(2) Omitted.
(3) Where such a certificate is given, any party in the case
may appeal to the Supreme Court on the ground that any such
question as aforesaid has been wrongly decided.
Explanation.- For the purposes of this Article, the
expression "final order" includes an order declaring an
issue which, if decided in favor of the appellant, would be
sufficient for the final disposal of the case.