Q. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

  • advisory jurisdiction
  • appellate jurisdiction
  • original jurisdiction
  • writ jurisdiction

Answer: (c) original jurisdiction

Original Jurisdiction:
  • As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between:
    • the Centre and one or more states; or
    • the Centre and any state or states on one side and one or more states on the other; or
    • between two or more states.
  • In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
  • Further, this jurisdiction of the Supreme Court does not extend to the following:
    • A dispute arising out of any pre-Constitution treaty, agreement, covenant,
    • engagement, sanad or other similar instrument.
    • A dispute arising out of any treaty, agreement, etc.,which specifically provides that the said jurisdiction does not extent to such a dispute.
    • Inter-state water disputes.
    • Matters referred to the Finance Commission.
    • Adjustment of certain expenses and pensions between the Centre and the states.
    • Ordinary dispute of Commercial nature between the Centre and the states.
    • Recovery of damages by a state against the Centre.
Writ Jurisdiction
  • The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
    • In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can go directly to the Supreme Court, not necessarily by way of appeal.
    • However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.
Appellate Jurisdiction
  • The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
    • Appeals in constitutional matters
    • Appeals in civil matters
    • Appeals in criminal matters
    • Appeals by special leave
Advisory Jurisdiction
  • The Constitution under Article 143 authorises the President to seek the opinion of the Supreme Court in the two categories of matters:
    • On any question of law or fact of public importance which has arisen or which is likely to arise.
    • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.