Which Matters Directly Goes to Supreme Court

Author: D.R. Alekya

College name: N.B.M. Law College, Andhra University

Introduction

In ancient period, when something injustice happens to the people they seek help from king and have a belief and faith that they receive justice. The king ensures that he makes peace and secures people from injustice and punishes the person who commits wrong be an example to the people and make people avoid doing crimes.

After the constitution has been adopted this function of the king has been replaced by the Judiciary whereas the other functions such as making the law and executing them are done by the legislature and the Executive.

In order to ensure transparency and fair work in the system, the constitution-makers kept these three organs independent of each other. The judiciary is the ultimate interpreter of the rights while it acts as a guardian of the constitution. It can also conduct checks on the legislature and the executive and ensure that no one goes beyond their ambit of power. The constitution ensures that the judiciary remains even-handed in all circumstances.

We have different levels of judiciary which is present at the central level, the state level, and district level.

Supreme Court – The Guardian of the Constitution

It’s the highest authority and final interpreter of the law which means that it has the power to give final decisions on all the matters of the law. Its Judgments are binding on all the lower courts. It has the power of judicial review through which it can review the action of the executive and the legislature.

Jurisdiction of the Supreme Court

(1)A Court of Record

1. The jurisdiction of the Supreme Court under Article 129 is independent of the Courts Act. Contempt of the court takes place when any person disobeys the orders of the court or through his demeanor disrespects the courts. Court of Record is that the proceedings of the court will be recorded so that they can act as a testimony in the future.

Article 129 makes the Supreme Court the court of record and gives it the power to punish for its contempt.

PN Duda V. V.P. Shiv Shankar& others

In this case, it was ruled out that a person who has been punished for contempt should have caused hindrance to the procedure of the court and administration of justice whereas, no one should be punished for criticizing the judicial system.

Supreme Court’s power to punish for contempt of itself as well as subordinate courts

Article 215 of the constitution does not empower the High Court to punish for contempt of the Supreme Court but the Supreme Court has the power to punish for contempt of High Court and other subordinate courts.

In case, the Supreme Court does not punish for its own contempt then High Court has no say in it.

Contempt Jurisdiction for protection of Registry

Supreme Court has not only maintained the contempt of court in order to punish people to harm the judge’s reputation but also to protect the name of the Judiciary.

To give you an illustration, an advocate was barred from practicing law for one month because he accused the registry of the court wherein he wrote the word ‘bench hunt’.

The Court ruled out that the bench is not constituted by the registry but by the Chief Justice of India and the contempt of registry shall be punished.

A Minister or official may also be guilty of contempt when the Contempt of Court is committed by the State

When there is an issue before the court which is between the states on both sides of the state is one of the parties and the court give an order or decree which the state disobeys then the Supreme Court can make the State guilty of contempt.

The officials and ministers involved in the case will be thereto made liable for the same.

The Court’s unlimited power to compel obedience and compliance of its orders

Under Article 142, the Supreme Court has been given the power to make an order in regard to the contempt of Court.

That is, the Supreme Court can compel any person under this Article to obey the order which it has given.

(2) Original Jurisdiction-Article 131

The Supreme Court has original jurisdiction when it comes to matters related to the following-

· Between the Government of India and one or more than one states; or

· Between government of India and one or more states at the different sides; or

· Between two or more than two states.

It is further provided that its jurisdiction shall not cover the matter arising out of any agreement, engagement or any sort of treaty, which was present before the pre-constitutional time and is still in force. It also extends to the matters which provide that this jurisdiction shall not apply to the respected dispute.

Enforcement of Fundamental Rights

Article 32 of the Indian Constitution states that if any fundamental right is infringed, then the person can approach the Supreme Court.

This Article provides for the issue of writs which include Habeas corpus, mandamus, Certiorari, Quo warranto, Prohibition.

After issuing these writs one can directly approach the Supreme Court for the enforcement of the Fundamental Rights.

(3)Appellate Jurisdiction-Article 132

Article 132 provides that the appeals for the High Court of any state can be brought up in the Supreme Court for civil as well as criminal matters.

It is provided that the case should involve some substantial question of law under Article 134A.

When all of the parameters are met then the certificate is granted under which any person can approach the SC on the basis that his or her case has been wrongly decided.

An appeal in Civil matters

Article 133 talks about the appeal in the case of constitutional matters.

· It says that the appeal shall lie to the Supreme Court only if the High Court certifies that it fulfills the condition given in the Article 134A which says that the matter should contain a substantial question of law and in the opinion of the High Court the matter should be passed on to the Supreme Court.

· This Article again emphasizes in its clause (2) that a question of law should be wrongly decided by the High Court.

· In its clause (3), it stated that notwithstanding anything stated in this Article, any appeal will not lie before the Supreme Court until the parliament specifies.

An appeal in Criminal Cases- Article 134

Article 134 says about the appeal to the Supreme Court when the matter is of criminal nature.

The appeal would lie before the Supreme Court when the High Court-

· On appeal, has reversed the acquittal of the person and he has been sentenced to death; or

· Withdraws any case from a subordinate court and has announced the conviction of the person or death sentence; or

· Has considered the case to be fit to be presented before the Supreme Court on the basis of Article 134A.

Certificate for appeal to the Supreme Court

Article 134A provides for a checklist to certify that the case is fit to be presented before the Court. This article basically provides the certificate for the appeal to the Supreme Court.

These checkpoints are as follows-

· If the High Court deems it fit to do so in the motion of its own.

· If the aggrieved party just after the judgment is passed makes an oral application.

· The decisions are to be made with respect to Articles 132(1), Article 133(1) and Article 134(1).

Power of the Supreme Court to withdraw and transfer cases Article 139-A

Article 139A gives power to the Supreme Court to withdraw the cases from the High Court if they are pending and it is believed by the Supreme Court that it involves important question on law.

Another instance in which the Supreme Court can do so is when the Attorney General of India or the aggrieved party writes to the SC mentioning that the case carries a question of law of general importance.

Federal Court’s jurisdiction to be exercised by the Supreme Court-Article 135

The federal courts were established before the commencement of the constitution wherein some laws were passed. Now if the provisions which are given under Article 133 and Article 134 do not apply to those laws, then the Supreme Court will have the jurisdiction over it under Article 135.

Appeal by Special Leave- Article 136

Article 136 enables the Supreme Court to grant special leave of appeal fir any order, judgment or sentence which is passed by any court or tribunal in the country.

It is regardless of anything contained in the chapter concerning the Union Judiciary and do not apply to any matter concerning Armed forces.

Power to grant special leave to appeal to be exercised in exceptional cases

Pritam Singh V. the State

In this case, it was ruled out that the special leave to appeal will only be granted under special circumstances where grave injustice is done and the court checks it and bestows justice.

The court emphasized on setting up of a standard for granting special leave of appeal.

N Suriyakala V. A Mohan Doss

In this case, the court ruled out that the granting of Special Leave of Appeal is not usual action taken by the Supreme Court but only when the SC has to interfere in the case under its own discretion.

Concurrent findings of the Trial Court and the High Court

M. Vadivel vs Arulmughu Iravatheeswarar Koli

It was contended in this case that the Supreme Court under Article 133 can undertake any matter as it has been not stated anywhere in the chapter of Union Judiciary that the concurrent findings of the Trial Court and the High Court can not be reviewed.

It was held that the concurrent findings of the trial court and the High Court have been brought up by deep knowledge of the court by considering matters of both of the parties. Hence the Supreme Court interferes only in exceptional cases when there is a grave injustice.

New plea on Facts

The Supreme Court does not allow the facts to be raised in the court when they were not raised in the first place during the proceedings of the subordinate court. Therefore new facts are inadmissible.

Jagannath Behera V. Raja Harirar Singh

In this case, the new fact was whether any special laws or traditions prevailed in a merged territory. This fact was not presented before in any court and for the first time in the Supreme Court, therefore it was inadmissible.

Gopinath Ghosh V. State of West Bengal

In this case, it was brought for the first time to the knowledge of the Supreme Court that the accused was below 18 years of age when the crime took place.

Hence, it too was inadmissible.

Plea of Law

In cases where a question of law was not presented before in any court, the Supreme Court will allow it to be raised for the first time.

Badari Prasad V. Nagarmal

In this case, a question was raised stating that section 4(2) of the Rewa State Act as unconstitutional. This question was raised for the first time in the Supreme Court and it was allowed by the court.

Masalti V. State of UP

In this case, it was ruled out that any question of law that is material to the facts will be admissible even if it is presented for the first time in the Supreme Court.

A private party can file an appeal under Art.136 challenging acquittal

Supreme Court under Article 136 considers special leave to appeal. But the question of whether the private party has a locus standi to file the appeal has to be understood.

Some of the cases which has been presented to know the answer:

A petition was filed by Prisoners Right Forum which was related to a death sentence of the prisoner which was dismissed by N. Anand Venkatesh, who stated that any third person can not file an appeal regarding it.

And if it is allowed, any bystander will be able to file an appeal revoking the judgment of the subordinate court.

When no challenge to the main judgment

No appeal can be filed against the judgment of the Court which is passed with the consent of the parties. An appeal can only be placed regarding a question of law.

False and misleading statements- Justification to revoke the appeal

When any party presents before the court during the hearing of an appeal, any false statements or the facts which are misleading, then the Supreme Court can revoke the appeal.

In SN Aggarwal V. Union of India, false facts were presented which affected the decision and discretion of the court. In this case, it was ruled out that the Supreme Court has the power to set aside the appeal and it will be justified.

Tribunals

As the tribunals were set up to reduce the workload on the Courts, any appeal from the tribunals can be presented before the Supreme Court until there is no provision of Appellate tribunals. If there is then Appellate tribunals will hear the appeals for the Tribunals.

Power to review its Judgments Art 137

Under Article 137, the Supreme Court has the power to review its judgment.

It is subjected to the provisions of law and provisions under Article 147.

It is basically a mechanism provided to the Supreme Court to amend its mistakes.

Curative Petition

The remedy of the curative petition was introduced by the Supreme Court in the case of Rupa Asok Hurra V. Asok Hurra.

A curative petition is the last remedy provided for any grievances. Its counterpart is the mercy petition which is filed before the President.

It was also filed in the famous Delhi rape case.

Ancillary Powers of Supreme Court

Article 140 enables the president to make law regarding any supplementary right which can be given to the Supreme Court. This right should not be against the provisions of the law.

It will enable the Supreme Court to work more effectively towards the goal of bringing justice to the people.

Advisory jurisdiction-Article 143

· If at any point the President feels like a matter carries substantial question related to law and is of public utility then he can approach the Supreme Court for Advisory jurisdiction.

· Supreme Court after hearing it may give his opinion to the president.

· This is the procedure of Advisory jurisdiction which is present in Article 143 of the Constitution.

Law declared by the Supreme Court to be binding on all Courts- Article 141

Supreme Court is the highest organ of law and the decision it takes is of utmost importance. The rule of follow its decision will lay down a structure of procedures which will act as a guideline for the lower courts to follow in cases where similar facts are contained.

Article 141 states that the judgment of the Supreme Court is binding on all the lower or subordinate courts.

Supreme Court not bound by its own decisions

Article 141 obligates other subordinate courts to follow the judgments of the Supreme Court and stand by its decision which is the principle of Stare Decisis. But the Supreme Court is not bound by its own judgments.

It believes to follow its earlier judgments until there is a case of diminishing circumstances.

Overruling not by co-equal Bench

In Siddharam Satlingappa Mhetre V. State of Maharashtra, the court

ruled out that a judgment by a larger bench will be binding on the smaller bench and co-bench.

If there is a conflict between two co-bench regarding the judgment? This is answered by the case of the State of MP V. Mala Banerjee, which stated that in cases of such conflicts, the matter should be presented before a larger bench.

Enforcement of Decree and Orders of Supreme Court: Article 142

Article 142 says-

· The Supreme Court in order to make sure that justice is done can pass any order or decree.

· It was further stated in clause (1), that when such order or decree is passed then it will be enforceable in the entire country under the provision made by the law of the parliament and if there is no provision regarding it then the provision made by the President will be considered.

· The Supreme Court has the power to issue an order or decree in order to secure the attendance of the concerned person, the discovery or production of any of the related documents, or the investigation or punishment of any contempt of itself which will be subjected to the provision laid down by the Parliament.

Power of the Supreme Court to make rules

The Supreme Court is the highest judicial functionary of the Constitution.

The Constitution of India under Article 145 gives the Supreme Court of India, the power to make its own rules. It should be consistent with the law of the parliament and should be made with the permission of the President. These rules are generally made for the procedure of the Court.

These rules may include-

· Rules regarding the person who is practicing before the court.

· Rules related to the hearing of appeals by the Supreme Court and all the matter regarding it.

· Rules regarding the proceedings of the court.

· Rules for the enforcement of fundamental rights.

· Rules in relation to the granting of bail

· Rules related to the stay on the procedures

· Rules considering the procedure of inquires

This Article further provides that in regards to it, the Supreme Court will also provide for the number of judges who will sit to decide in this matter. It also provides for the powers to be conferred with division Courts and single judges.

It confers power on the Supreme Court to decide the number of judges to decide the matters that involve a substantial question of law.