Jurisdiction-Original, Advisory, Appellate, Writ, Revisory Jurisdiction | NDA Polity Notes

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Jurisdiction of the Supreme Court of India – NDA Study Guide

The functions and responsibilities of the Supreme Court are clearly defined by the Constitution of India. The Court is regarded as the guardian of the Constitution and the protector of Fundamental Rights. Its jurisdiction is vast and can be categorised as follows:


Original Jurisdiction

  • The Supreme Court has exclusive authority to hear disputes directly under its jurisdiction.
  • It includes:
    • Disputes between the Government of India and one or more states.
    • Disputes between the Union and multiple states on one side and one or more states on the other side.
    • Disputes between two or more states (e.g., the Kaveri water dispute between Karnataka, Tamil Nadu, and Puducherry).

Public Interest Litigation (PIL)

  • Introduced in SP Gupta vs Union of India (1982).
  • The Court held that any member of the public can approach the court for the violation of Fundamental Rights of others, even through a simple post card.
  • Justices P.N. Bhagwati and V.R. Krishna Iyer laid the foundation of PIL.
  • PIL must strictly work for public interest and not for personal or political gains.

Writ Jurisdiction

The Supreme Court enforces Fundamental Rights by issuing writs:

  1. Habeas Corpus – “Produce the body”; ensures release from unlawful detention.
  2. Mandamus – A command to a public authority to perform its duty.
  3. Quo Warranto – Prevents a person from holding an office without legal authority.
  4. Certiorari – Orders the transfer or annulment of a case from a lower court to a higher court.
  5. Prohibition – Issued by a higher court to stop a lower court from overstepping its jurisdiction.

Advisory Jurisdiction (Article 143)

  • The President of India can seek the advice of the Supreme Court on important legal questions or issues of public interest.
  • The Supreme Court’s opinion is not binding on the President.

Appellate Jurisdiction

The Supreme Court hears appeals against High Court judgments:

  1. Constitutional Cases – Involving interpretation of the Constitution.
  2. Civil Cases – When a substantial question of law is involved.
  3. Criminal Cases – If the High Court has reversed an acquittal and sentenced a person to death or withdrawn a case and given a death sentence.

Revisory Jurisdiction (Article 137)

  • The Supreme Court can review its own judgments.
  • It can also transfer cases to itself if an important question of law is involved.
  • Parliament may confer additional powers on the Supreme Court through legislation.

Election Jurisdiction

  • The Supreme Court decides disputes relating to the election of the President and Vice-President of India.

Court of Record (Article 129)

  • The decisions of the Supreme Court act as precedents for lower courts.
  • The Court can also punish for contempt of court if its orders are disobeyed.

NDA FAQs on Jurisdiction of the Supreme Court for SSB Preparation

Q1. What is meant by the original jurisdiction of the Supreme Court?

Answer: The original jurisdiction means cases that can be directly filed in the Supreme Court, without going through lower courts. It mainly covers disputes between states and the Union, or among states themselves. For example, river water disputes are often handled under this jurisdiction. This is very important in NDA polity notes preparation and often appears in Anand Classes download UPSC NDA study material pdf.


Q2. What is Public Interest Litigation (PIL) and why is it important?

Answer: PIL allows any individual to approach the Court in the interest of the public, especially when Fundamental Rights of weaker sections are violated. It was introduced in SP Gupta vs Union of India (1982) and later expanded by Justice P.N. Bhagwati. PIL is a unique feature of Indian judiciary ensuring social justice and accessibility of courts. This makes it an expected question in UPSC NDA polity notes preparation and Anand Classes download UPSC NDA notes.


Q3. Which writ is known as the “Great Writ of Liberty”?

Answer: The writ of Habeas Corpus is called the Great Writ of Liberty. It protects individuals from unlawful detention and ensures personal freedom. This is one of the most frequently asked NDA polity questions in UPSC NDA study material pdf.


Q4. What is the advisory jurisdiction of the Supreme Court?

Answer: Under Article 143, the President can consult the Supreme Court on important legal or constitutional questions. The Court’s opinion, however, is not binding on the President. This feature highlights the consultative role of the judiciary in governance, a common topic in NDA polity preparation.


Q5. Can the Supreme Court review its own judgment?

Answer: Yes, under Article 137, the Supreme Court has revisory jurisdiction to review or reconsider its own judgments. This ensures that justice is not denied due to human error. NDA aspirants often find this in Anand Classes UPSC NDA polity notes.


NDA MCQs on Jurisdiction of the Supreme Court

Q1. Under which Article does the Supreme Court have Original Jurisdiction?

(a) Article 129
(b) Article 131
(c) Article 143
(d) Article 137

Answer: (b) Article 131
Explanation: Article 131 gives the Supreme Court original jurisdiction in disputes between the Union and States or between States themselves. This is a favorite NDA polity MCQ.


Q2. Which of the following is an example of Original Jurisdiction of the Supreme Court?

(a) Disputes between States over river water
(b) Appeals against High Court judgments
(c) Election disputes of MPs
(d) Review of judgments

Answer: (a) Disputes between States over river water
Explanation: Disputes such as the Kaveri water dispute fall under the Supreme Court’s original jurisdiction.


Q3. In which case was Public Interest Litigation (PIL) introduced?

(a) Kesavananda Bharati vs State of Kerala
(b) SP Gupta vs Union of India
(c) Maneka Gandhi vs Union of India
(d) Indira Gandhi vs Raj Narain

Answer: (b) SP Gupta vs Union of India
Explanation: In 1982 (SP Gupta case), the Court allowed PIL, enabling any citizen to approach the Court for violation of others’ Fundamental Rights.


Q4. Which writ is issued to release a person from unlawful detention?

(a) Mandamus
(b) Habeas Corpus
(c) Quo Warranto
(d) Certiorari

Answer: (b) Habeas Corpus
Explanation: Habeas Corpus protects personal liberty and is called the Great Writ of Liberty.


Q5. Which writ prevents a person from holding an office illegally?

(a) Prohibition
(b) Certiorari
(c) Quo Warranto
(d) Mandamus

Answer: (c) Quo Warranto
Explanation: Quo Warranto questions the authority by which a person holds a public office.


Q6. The Supreme Court can be consulted by the President under:

(a) Article 129
(b) Article 131
(c) Article 143
(d) Article 368

Answer: (c) Article 143
Explanation: Under Article 143, the President of India can seek the Supreme Court’s advisory opinion.


Q7. Which jurisdiction allows the Supreme Court to hear appeals from High Courts?

(a) Original Jurisdiction
(b) Advisory Jurisdiction
(c) Appellate Jurisdiction
(d) Revisory Jurisdiction

Answer: (c) Appellate Jurisdiction
Explanation: Appeals in civil, criminal, and constitutional matters come to the Supreme Court under its appellate jurisdiction.


Q8. Which Article gives the Supreme Court power to review its own judgment?

(a) Article 137
(b) Article 143
(c) Article 368
(d) Article 129

Answer: (a) Article 137
Explanation: Article 137 provides revisory jurisdiction, allowing the Supreme Court to review its judgments.


Q9. Which jurisdiction gives the Supreme Court power to decide disputes regarding the President and Vice-President’s elections?

(a) Appellate Jurisdiction
(b) Election Jurisdiction
(c) Original Jurisdiction
(d) Writ Jurisdiction

Answer: (b) Election Jurisdiction
Explanation: The Supreme Court decides disputes related to the election of the President and Vice-President.


Q10. The Supreme Court is called a Court of Record because:

(a) It can punish for contempt
(b) Its decisions are recorded and act as precedents
(c) It reviews judgments
(d) It issues writs

Answer: (b) Its decisions are recorded and act as precedents
Explanation: Under Article 129, the Supreme Court’s judgments are binding precedents, making it a Court of Record.


Q11. Which writ is issued by a higher court to stop a lower court from overstepping its jurisdiction?

(a) Certiorari
(b) Prohibition
(c) Habeas Corpus
(d) Mandamus

Answer: (b) Prohibition
Explanation: Prohibition is issued to stop a lower court from acting beyond its powers.


Q12. Which writ transfers a case from a lower court to a higher court?

(a) Certiorari
(b) Habeas Corpus
(c) Mandamus
(d) Quo Warranto

Answer: (a) Certiorari
Explanation: Certiorari quashes the order of a lower court or transfers the case to a higher court.


Q13. Who laid the foundation of Public Interest Litigation (PIL) in India?

(a) Justice H.R. Khanna
(b) Justice P.N. Bhagwati and Justice V.R. Krishna Iyer
(c) Justice K.S. Hegde
(d) Justice B.P. Sinha

Answer: (b) Justice P.N. Bhagwati and Justice V.R. Krishna Iyer
Explanation: They were instrumental in expanding PIL for protecting Fundamental Rights of weaker sections.


Q14. The Supreme Court can transfer cases to itself under which jurisdiction?

(a) Original
(b) Revisory
(c) Advisory
(d) Appellate

Answer: (b) Revisory
Explanation: Under Revisory Jurisdiction, the Supreme Court can review judgments and transfer important cases to itself.


Q15. The advisory opinion of the Supreme Court is:

(a) Binding on the President
(b) Not binding on the President
(c) Binding on Parliament
(d) Binding on both Houses

Answer: (b) Not binding on the President
Explanation: Under Article 143, the Supreme Court gives advisory opinions, but they are not binding on the President.


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