The Supreme Court's jurisdictions

A case can reach the Supreme Court in several different ways. Each way is called a jurisdiction (the power to hear a certain kind of case).

1. Original jurisdiction (Article 131). The case starts in the Supreme Court. These are disputes:

• between the Centre and a State;
• between States, including river water disputes.

Why must these start at the top? A state's own court could not fairly judge a case in which its own state is one side. Only a court above all the states can.

2. Appellate jurisdiction. The Supreme Court hears appeals against High Court orders:

• when the High Court certifies that the case involves interpreting the Constitution or a major question of law;
• in criminal cases with a death sentence.

Appeals also come from tribunals such as the National Green Tribunal.

3. Advisory jurisdiction (Article 143). The President may ask the Court for its opinion on an important question of law or fact. It is heard by a Constitution Bench of at least five judges. This is advice asked for before a problem becomes a fight.

4. Special Leave to Appeal (Article 136). The Court may choose to hear an appeal from any judgment of any court or tribunal in India: when there is an important question of law for the public, or to do real justice between the two sides.

Three more articles give all this real force:

• Article 141: the law declared by the Supreme Court binds all courts in India;
• Article 142: it may pass any order needed to do complete justice;
• Article 144: all civil and judicial authorities must act to help the Supreme Court.

Why does Article 141 matter? Without it, two High Courts could read the same law in opposite ways. Your rights would then depend on where you live.