Previous Year Question
Which one of the following statements about the Supreme Court of India is correct?
It has only Original Jurisdiction.
It has only Appellate Jurisdiction.
It has only Advisory Jurisdiction.
It has Original, Appellate as well as Advisory Jurisdiction.
Correct Answer: D
Detailed Solution
Under its Original Jurisdiction, certain cases may originate directly before the Supreme Court. Article 131 gives it exclusive original jurisdiction in specified legal disputes between the Union and the States and between two or more States.
Further, under Article 32, a person may directly approach the Supreme Court for enforcement of Fundamental Rights. For this purpose, the Court can issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.
Under its Appellate Jurisdiction, the Supreme Court hears appeals from High Courts in constitutional, civil and criminal matters. Important constitutional provisions in this regard include Articles 132, 133 and 134.
In addition, Article 136 confers a broad power of Special Leave to Appeal (SLP), under which the Supreme Court may, subject to constitutional exceptions, grant special leave to appeal from a judgment, decree, determination, sentence or order of a Court or Tribunal in India.
The Advisory Jurisdiction of the Supreme Court flows from Article 143. Where a question of law or fact of public importance arises, the President may refer it to the Supreme Court for its opinion.
Therefore, it would be incorrect to restrict the Supreme Court to any one type of jurisdiction. It possesses Original + Appellate + Advisory Jurisdiction.