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.