Polity
Judiciary
Supreme Court: Jurisdiction and Powers
Supreme Court jurisdictions for CGPSC: original (Art 131), writ (Art 32), appellate and SLP (Arts 132-136), advisory (Art 143), review, curative, Arts 141-142.
Prerequisites
- Supreme Court: Composition, Appointment and Independence — who sits on the Court.
- Constitutional Remedies and Writs — Art 32 and the five writs, which are summarised (not repeated) here.
- Centre-State Relations — the federal disputes that reach the Court under Art 131.
The Hook: When Raipur Sued New Delhi
Connect
In January 2020 the State of Chhattisgarh did something no state had done before with this particular law: it filed an original suit in the Supreme Court against the Union of India, asking for the National Investigation Agency Act, 2008 to be declared unconstitutional. Its argument was federal: “police” is a State List subject, so how can Parliament create a central agency that takes over investigations?
A state government cannot file a writ under Art 32, because Fundamental Rights belong to persons, not to governments. So which door did Chhattisgarh use? Article 131, the Court’s original jurisdiction. This page maps every door into the Supreme Court.
Why it matters: “Which article gives which jurisdiction?” is one of the most dependable Prelims question types. Mains asks short notes on Art 142, curative petitions and advisory opinions.
The Jurisdictions at a Glance
graph TD
SC["Supreme Court
jurisdiction and powers"] --> O["Original
Art 131"]
SC --> W["Writ
Art 32"]
SC --> A["Appellate
Arts 132-134, 136"]
SC --> AD["Advisory
Art 143"]
SC --> R["Court of record
Art 129"]
SC --> RV["Review
Art 137, curative petition"]
SC --> OT["Other powers
Arts 139A, 141, 142, 144, 145"]1. Original Jurisdiction (मूल अधिकारिता) — Article 131
The Supreme Court has exclusive original jurisdiction in any dispute:
- between the Government of India and one or more States;
- between the Government of India and a State or States on one side and one or more States on the other; or
- between two or more States,
if the dispute involves a question of law or fact on which the existence or extent of a legal right depends.
| Point | Detail |
|---|---|
| Parties | Only the Union and States. A private citizen cannot file under Art 131 |
| Nature | Exclusive: no High Court can hear these disputes |
| Excluded | Disputes from pre-Constitution treaties, agreements, sanads and similar instruments (proviso to Art 131); inter-state river water disputes that Parliament has excluded under Art 262; matters referred to the Finance Commission (Art 280); certain Centre-State financial adjustments |
| Example | State of Chhattisgarh v. Union of India (suit filed January 2020) challenging the NIA Act, 2008, the first state challenge to that Act |
Other original matters
- Art 71: disputes about the election of the President and Vice-President are decided by the Supreme Court alone.
- Art 32 writ petitions are also filed directly in the Supreme Court. Many textbooks list writ jurisdiction under “original jurisdiction” in a broad sense, but it is not exclusive: High Courts share it under Art 226.
2. Writ Jurisdiction — Article 32
The Supreme Court can issue habeas corpus, mandamus, prohibition, certiorari and quo warranto for the enforcement of Fundamental Rights only. Art 32 is itself a Fundamental Right. Under Art 139, Parliament may also empower the Supreme Court to issue writs for other purposes.
Details, the “cannot be issued against” lists and Art 32 vs Art 226 are covered in Constitutional Remedies and Writs.
3. Appellate Jurisdiction (अपीलीय अधिकारिता)
The Supreme Court is the highest court of appeal in India.
| Article | Type | When an appeal lies |
|---|---|---|
| 132 | Constitutional cases | From any judgment of a High Court (civil, criminal or other) if the High Court certifies under Art 134A that the case involves a substantial question of law as to the interpretation of the Constitution |
| 133 | Civil cases | If the High Court certifies that the case involves a substantial question of law of general importance that needs to be decided by the Supreme Court |
| 134 | Criminal cases | Without certificate if the High Court (a) reversed an acquittal and sentenced the accused to death, or (b) withdrew a case from a subordinate court, convicted the accused and sentenced him to death. Otherwise with certificate. Parliament has enlarged this by the 1970 Act (appeals where the sentence is life imprisonment or at least 10 years, in the specified situations) |
| 134A | Certificate | The High Court decides on granting a certificate for Arts 132–134 (inserted by the 44th Amendment, 1978) |
| 136 | Special Leave to Appeal (SLP) | The Court may, in its discretion, grant special leave to appeal from any judgment, decree, order or sentence of any court or tribunal in India |
Article 136: the widest door
| Feature | Detail |
|---|---|
| Discretion | It is a discretionary power of the Court, not a right of the litigant |
| Scope | Any judgment, final or interlocutory, in any matter (constitutional, civil, criminal, tax, labour, etc.), by any court or tribunal |
| Exception | Not available against any court or tribunal constituted by or under a law relating to the Armed Forces (Art 136(2)) |
| Effect | The bulk of the Supreme Court’s docket comes through SLPs, one reason for its heavy pendency |
4. Advisory Jurisdiction (सलाहकारी अधिकारिता) — Article 143
| Clause | Subject of reference | Is the Court bound to answer? |
|---|---|---|
| 143(1) | Any question of law or fact of public importance that has arisen or is likely to arise | No. The Court may report its opinion, or decline |
| 143(2) | A dispute arising out of a pre-Constitution treaty, agreement, covenant, engagement, sanad (the matters excluded from Art 131) | Yes, the Court shall report its opinion |
- The President makes the reference (on the advice of the Council of Ministers).
- The opinion is not binding on the President, but it is given great weight.
- Under Art 145(3), a reference under Art 143 is heard by a bench of at least five judges.
| Notable references | Outcome |
|---|---|
| In re Kerala Education Bill (1958) | Opinion on minority institutions and Art 30 |
| In re Berubari Union (1960) | Ceding Indian territory needs a constitutional amendment; also said the Preamble is not part of the Constitution (later reversed in Kesavananda) |
| Ram Janmabhoomi reference (1993) | The Court declined to answer, in Ismail Faruqui (1994) |
| In re Special Reference No. 1 of 1998 | Third Judges Case: collegium of CJI + 4 |
| Presidential reference on assent to Bills (opinion of 20 November 2025) | A five-judge bench held that courts cannot fix timelines for the Governor (Art 200) or President (Art 201) to act on Bills, and that “deemed assent” has no constitutional basis. Prolonged, unexplained inaction can still be reviewed, and the Court may direct the Governor to act without fixing a deadline. The reference followed the April 2025 judgment in State of Tamil Nadu v. Governor of Tamil Nadu |
5. Court of Record (अभिलेख न्यायालय) — Article 129
The Supreme Court is a court of record and has all the powers of such a court, including the power to punish for contempt of itself.
- Its judgments and proceedings are recorded for perpetual memory and testimony and are recognised as legal precedents.
- Contempt may be civil (wilful disobedience of a court order) or criminal (scandalising the court, interfering with justice). The Contempt of Courts Act, 1971 governs procedure; the Court has held that its Art 129 power cannot be taken away by ordinary law.
- High Courts have the same status under Art 215.
6. Review and Curative Petitions
| Remedy | Basis | Key points |
|---|---|---|
| Review petition | Art 137, subject to law and rules under Art 145 | The Court may review its own judgment or order, on limited grounds such as an error apparent on the face of the record |
| Curative petition | Judge-made, Rupa Ashok Hurra v. Ashok Hurra (2002) | A last remedy after a review petition is dismissed, to prevent abuse of process or gross miscarriage of justice. Must be certified by a senior advocate; first circulated to the three senior-most judges and the judges who passed the judgment, if available |
7. Other Important Powers
| Article | Power |
|---|---|
| 138 | Parliament may enlarge the Court’s jurisdiction on Union List matters (and others by special agreement with States) |
| 139 | Parliament may confer power to issue writs for purposes other than Fundamental Rights |
| 139A | Transfer of cases: the Court may withdraw cases involving the same substantial questions of law from High Courts, or transfer cases between High Courts (inserted by the 42nd Amendment, 1976) |
| 141 | The law declared by the Supreme Court is binding on all courts within India (not on the Supreme Court itself, which can overrule its earlier decisions with a larger bench) |
| 142 | The Court may pass any decree or order necessary for doing “complete justice” in any cause or matter pending before it |
| 144 | All authorities, civil and judicial, shall act in aid of the Supreme Court |
| 145 | The Court makes its own rules of practice and procedure (with the President’s approval); 145(3): at least five judges for a substantial question of constitutional interpretation or an Art 143 reference |
Article 142: 'complete justice'
Art 142 lets the Court fill gaps where the law gives no remedy. Commonly cited uses:
- Bhopal gas tragedy settlement (1989): the Court approved a settlement that withdrew criminal proceedings.
- Ayodhya judgment (2019): direction to allot 5 acres of land to the Sunni Waqf Board.
Critics say Art 142 can become a route to judicial legislation. The Court itself has said Art 142 cannot be used to ignore express statutory provisions, and in the 2025 advisory opinion it held that Art 142 cannot create “deemed assent”.
Memory Tricks
Jurisdiction ladder: '131-32-136-143'
Read the numbers as a story of who knocks on the Court’s door:
- 131: States knock (federal dispute, no citizens allowed)
- 32: Citizens knock (Fundamental Rights)
- 136: Anyone who lost anywhere knocks (special leave, but only if the Court opens the door)
- 143: the President knocks (advice, and the Court may say “no comment”)
Arts 141 and 142: 'Binding and Complete'
141 = Binding (law declared binds all courts). 142 = Complete justice. B comes before C, 141 before 142.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Art 131: Union vs States; exclusive; legal right; no private party | vs | Art 32: any person; Fundamental Rights; shared with HCs under Art 226 |
| Art 143(1): Court may decline | vs | Art 143(2): Court must give its opinion |
| Art 137: review of its own judgment | vs | Curative petition: after review fails; judge-made (2002) |
| Art 139: writ powers for other purposes | vs | Art 139A: transfer of cases (42nd Amendment) |
| Art 129: SC as court of record | vs | Art 215: HC as court of record |
| Art 136: SLP, discretionary, not against armed-forces tribunals | vs | Art 134: criminal appeals as of right in death-sentence situations |
Common Mistakes
MCQ traps
- “An advisory opinion under Article 143 is binding on the President.” False. It is not binding, and under 143(1) the Court may decline to give it.
- “A citizen can file a suit against a State under Article 131.” False. Art 131 is only for disputes between governments.
- “Special leave under Article 136 is a right of every litigant.” False. It is a discretionary power of the Court.
- “Article 136 covers military tribunals.” False. Art 136(2) excludes courts and tribunals under Armed Forces laws.
- “Inter-state river water disputes are decided under Article 131.” Trap. Parliament has excluded them under Art 262 (Inter-State River Water Disputes Act, 1956); they go to tribunals.
- “The curative petition is in Article 137.” False. Art 137 is review. The curative petition was created by the Court in Rupa Ashok Hurra (2002).
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The power of the Supreme Court to punish for contempt of itself is given in Article ______.
- The curative petition was evolved in the case of ______ (2002).
- A reference under Article 143 must be heard by a bench of at least ______ judges.
Answers
- Article 129.
- Rupa Ashok Hurra v. Ashok Hurra.
- Five (Art 145(3)).
Level 2: Prelims MCQs
Q1. Consider the following statements about Article 143 of the Constitution:
- The President may refer a question of law or fact of public importance to the Supreme Court for its opinion.
- The Supreme Court is bound to give its opinion on every reference made under Article 143.
- The opinion given by the Supreme Court under Article 143 is binding on the President.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(a) 1 only. Under 143(1) the Court may report its opinion, and it has declined at least once (the Ram Janmabhoomi reference, answered in Ismail Faruqui, 1994). It is bound only on references under 143(2) about pre-Constitution treaties and similar instruments. The opinion is not binding on the President.
Q2. Match List I (Article) with List II (Subject):
| List I | List II |
|---|---|
| A. Article 131 | 1. Special leave to appeal |
| B. Article 136 | 2. Doing complete justice |
| C. Article 139A | 3. Disputes between the Union and States |
| D. Article 142 | 4. Transfer of certain cases |
- (a) A-3, B-1, C-4, D-2
- (b) A-3, B-4, C-1, D-2
- (c) A-1, B-3, C-4, D-2
- (d) A-3, B-1, C-2, D-4
Answer and explanation
(a) A-3, B-1, C-4, D-2. Art 131 is original jurisdiction in federal disputes; Art 136 is special leave; Art 139A (42nd Amendment) allows the Court to withdraw or transfer cases; Art 142 is the “complete justice” power.
Q3. The State of Chhattisgarh challenged the National Investigation Agency Act, 2008 directly in the Supreme Court in 2020. Under which provision would such a suit by a State against the Union lie?
- (a) Article 32
- (b) Article 131
- (c) Article 136
- (d) Article 226
Answer and explanation
(b) Article 131. A State government is not a holder of Fundamental Rights, so Art 32 is unavailable. A dispute between a State and the Union over a legal right falls in the Supreme Court’s exclusive original jurisdiction under Art 131. Art 136 needs a prior judgment of some court, and Art 226 is a High Court power.
Q4. Special leave to appeal under Article 136 cannot be granted against a judgment of:
- (a) A High Court in a criminal case
- (b) A tribunal set up under a central tax law
- (c) A court or tribunal constituted under a law relating to the Armed Forces
- (d) A district court in a civil case
Answer and explanation
(c). Art 136(2) excludes courts and tribunals constituted by or under any law relating to the Armed Forces. Every other court or tribunal in India is within the Court’s discretionary reach under Art 136(1).
Q5. In its advisory opinion of November 2025 on the assent to Bills, the Supreme Court held that:
- (a) Governors must act on a Bill within one month, failing which it is deemed to be assented
- (b) Courts cannot fix timelines for the Governor or President, and “deemed assent” has no constitutional basis
- (c) The Governor’s decisions under Article 200 are wholly outside any judicial scrutiny, even for indefinite inaction
- (d) Article 142 can be used to declare a Bill to have received assent
Answer and explanation
(b). The five-judge bench rejected judicially fixed timelines and deemed assent, and said Art 142 cannot be used to create assent. Option (c) is wrong because the Court kept a limited power to direct action in cases of prolonged, unexplained and indefinite inaction, without examining the merits.
Level 3: Mains Answer Writing
Q1. (60 words) What is a curative petition? How does it differ from a review petition?
Model answer outline
- Curative petition: evolved in Rupa Ashok Hurra (2002) as the last remedy after a review is dismissed, to cure gross miscarriage of justice or abuse of process.
- Difference: review rests on Art 137 and limited grounds such as an error apparent on the record; a curative petition is judge-made, needs a senior advocate’s certificate and goes first to the three senior-most judges and the original bench.
Q2. (150–200 words) “Article 142 is both a strength and a risk for Indian democracy.” Discuss with examples.
Model answer outline
- Intro: Art 142 empowers the Supreme Court to pass any decree or order needed for “complete justice” in a pending matter.
- Strength:
- Fills legislative gaps where the law gives no remedy (Vishaka guidelines are often cited alongside Arts 32 and 141).
- Ends long-running disputes: Bhopal settlement (1989), Ayodhya (2019, 5 acres for a mosque).
- Gives effective relief to the vulnerable when the executive is inactive.
- Risk:
- Can become judicial legislation and blur the separation of powers.
- Lacks clear standards; outcomes depend on the bench.
- No appeal lies from the Supreme Court, so errors are hard to correct.
- Self-limits: the Court has said Art 142 cannot override express statutory provisions; in the 2025 advisory opinion it refused to use Art 142 to create “deemed assent”.
- Conclusion: Art 142 is a safety valve, best used sparingly, with reasons, and in deference to the legislature’s domain.
Quick Revision Table
| Fact | Detail |
|---|---|
| Art 129 | Court of record; contempt power |
| Art 131 | Exclusive original jurisdiction: Union vs States, State vs State; legal right |
| Art 131 exclusions | Pre-Constitution treaties; water disputes (Art 262); Finance Commission matters |
| Art 71 | President and Vice-President election disputes |
| Art 32 | Writs for Fundamental Rights; Art 139 for other purposes |
| Art 132 / 133 / 134 | Constitutional / civil / criminal appeals; 134A certificate (44th Amendment) |
| Art 136 | SLP, discretionary; not for Armed Forces tribunals |
| Art 137 | Review of own judgments |
| Curative petition | Rupa Ashok Hurra, 2002 |
| Art 139A | Transfer of cases (42nd Amendment) |
| Art 141 | SC’s law binding on all courts |
| Art 142 | Complete justice |
| Art 143 | Advisory; not binding; 143(1) may decline, 143(2) must answer |
| Art 144 | All authorities act in aid of the SC |
| Art 145(3) | Minimum 5 judges for constitutional questions and Art 143 references |
| CG example | State of Chhattisgarh’s Art 131 suit against the NIA Act (filed Jan 2020) |
| 2025 reference | No court-fixed timelines for assent; no deemed assent (opinion of 20 Nov 2025) |
Key Takeaways
Key Takeaways
- Art 131 is the only exclusive original jurisdiction, and only governments can use it, as Chhattisgarh did against the NIA Act in 2020.
- Art 136 (special leave) is the widest and most used door, but it is discretionary and excludes Armed Forces tribunals.
- Art 143 opinions are advisory, not binding; the Court may decline under 143(1).
- Art 141 makes the Court’s law binding; Art 142 lets it do complete justice, a power that needs restraint.
- After review (Art 137) comes the judge-made curative petition (2002).
What’s Next
- High Courts and Subordinate Courts — the state-level courts, including Bilaspur
- Judicial Review, PIL and Judicial Activism — how these powers are used to check the legislature and executive
- Centre-State Relations — the federal disputes behind Art 131
- Union Executive — the President who makes Art 143 references
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