Unit 7.1: Supreme Court – Jurisdictions (Original, Appellate, Advisory).

Introduction & Significance

The Supreme Court (SC) of India, established under Articles 124–147, serves as the apex judicial body with three key jurisdictions: Original (exclusive disputes), Appellate (appeals from lower courts), and Advisory (opinions on references). These ensure federal balance, judicial review, and constitutional interpretation.

• Exam Weightage: Typically 2–5 questions in SSC CGL/CHSL (focus on articles, types, cases); 1–3 in RRB NTPC/ALP (MCQs on powers, distinctions); frequent in State PSCs like TSPSC (federal disputes, e.g., Telangana-Centre relations).
• Significance: Borrowed from USA (judicial review in appellate/original) and Canada (advisory). Upholds federalism (original for inter-state disputes) and rule of law.
• Current Relevance (Feb 2026): Original used in Telangana vs Centre (2025 water disputes); appellate in challenges to new criminal laws (BNS/BNSS/BSA, e.g., 2024 petitions on procedural safeguards upheld in 2025 rulings); advisory rare (last major in 2018 on Aadhaar, no new post-2020). Links to federalism issues amid pending 130th Amendment Bill (hypothetical on judicial reforms?) and delayed 106th Amendment (reservation in assemblies, indirectly impacting SC cases on gender justice).

Chronological Timeline

• 1935: GOI Act establishes Federal Court with original/appellate powers (precursor to SC).
• 1947: Constituent Assembly debates; adopts integrated judiciary with SC at apex.
• 1950: Constitution enforced; Art 131 (original), 132–134/136 (appellate), 143 (advisory).
• 1951: First advisory opinion (In re Delhi Laws Act).
• 1973: Kesavananda Bharati case (appellate: Establishes basic structure doctrine).
• 1975: 42nd Amendment curtails jurisdictions (reversed by 43rd/44th, 1977–78).
• 1980: Minerva Mills case (appellate: Reinforces basic structure).
• 1991: L Chandra Kumar case (appellate: Tribunals under SC review).
• 2014: Last advisory reference (on Jallikattu, opinion 2014).
• 2018: Aadhaar judgment (appellate: Upholds with limits).
• 2023: Delhi vs Centre (original: Services control to Delhi govt, amended by 2023 Act).
• 2024: Electoral Bonds struck down (appellate: Violates Art 19/21).
• 2025: SC hears appellate cases on BNS/BNSS/BSA (e.g., sedition equivalents upheld with safeguards).

Concept Explanation / Deep Dive

SC jurisdictions define its scope as guardian of Constitution. Original: Exclusive first-instance authority on federal disputes (no trial courts involved). Appellate: Reviews lower court decisions for legal/constitutional errors. Advisory: Non-binding opinions on abstract legal questions.

• Evolution: From Federal Court (limited) to post-1950 expansive role via judicial activism (e.g., PILs in appellate). Basic structure doctrine (1973) expanded appellate review.
• Provisions: Original (Art 131: Centre-State/State-State disputes, excludes treaties/water pre-tribunals). Appellate (Art 132: Constitutional appeals; 133: Civil; 134: Criminal; 136: Special Leave Petition (SLP) discretionary). Advisory (Art 143: President refers public importance questions; optional for SC).
• Procedures: Original: Direct filing, no facts trial (pure law). Appellate: Certificate from HC (132–134) or SLP (136). Advisory: President reference ? SC opinion ? Non-enforceable.
• Linkages: Art 131 ? Borrowed from USA ? Case: State of Rajasthan vs Union (1977, original on state suits) ? Current: 2025 Telangana irrigation disputes. Art 143 ? Canada ? In re Kerala Education Bill (1958, advisory on bills) ? Rare use post-1990s.

Key Terminology Box

• Original Jurisdiction: Exclusive power over federal disputes (Art 131); no appeals from here.
• Appellate Jurisdiction: Review of HC/tribunal decisions (Arts 132–134, 136); includes constitutional, civil, criminal.
• Advisory Jurisdiction: Non-binding opinions on President's references (Art 143); consultative role.
• Special Leave Petition (SLP): Discretionary SC appeal (Art 136); beyond HC certification.
• Judicial Review: Power to strike laws (appellate/original); doctrine from USA (Marbury vs Madison adaptation).
• Basic Structure Doctrine: Limits amendments (appellate: Kesavananda Bharati, 1973).

Important Constitutional / Factual Details

• Articles: 131 (original), 132 (appellate constitutional), 133 (civil), 134 (criminal), 134A (HC certificate), 136 (SLP), 143 (advisory).
• Parts/Schedules: Part V (Union); no specific schedule.
• Amendments: 42nd (1976: Curtailed HC appeals, reversed by 43rd/44th); 99th (2014: NJAC, struck down in appellate jurisdiction).
• Committees: None direct; but Law Commission (e.g., 229th Report, 2009: On advisory overuse avoidance).
• Cases: Kesavananda Bharati (1973: Basic structure, appellate); Golaknath (1967: FRs unamendable, appellate); In re Berubari (1960: Advisory on territory cession); Cauvery Dispute (2018: Original inter-state water).
• Borrowed Features: Original/Appellate (USA federal courts ? Indian: Integrated with HCs); Advisory (Canada ? Indian: Non-binding, President-initiated).

Powers, Functions, Relations, Features

• Powers/Functions: Original: Resolves federal conflicts. Appellate: Ensures uniform law (e.g., strikes unconstitutional acts). Advisory: Guides on complex issues (e.g., pre-enactment bills).
• Features: Original exclusive (no HC role); Appellate widest (SLP any court/tribunal); Advisory optional/refusable (Art 143(1) mandatory if referred, but SC interprets narrowly).
• Relations: SC-HC: Appellate oversight (Art 132–134). SC-President: Advisory references (non-justiciable). Centre-State: Original protects federalism (e.g., suits against Centre).
• Administrative/Financial Links: Appellate reviews tax laws (Union List); original on financial federal disputes.

Frequently Asked Exam Facts

• Firsts: First original case (State of WB vs Union, 1963); First advisory (Delhi Laws, 1951); First SLP (1950s post-Constitution).
• Numbers: ~11 advisory opinions (1950–2014); SLP ~80% SC caseload.
• Exceptions: No original in private suits; No advisory enforcement; Appellate certificate not needed for SLP.
• High-Yield: Art 136 SLP discretionary (not right).

Comparison Tables / Charts

Solved Example Questions

1. Question: Under which Article does the Supreme Court exercise original jurisdiction? Answer: Article 131. Explanation: Covers exclusive disputes between Centre and states or states inter-se.
2. Question: The advisory jurisdiction of the Supreme Court is provided under? Answer: Article 143. Explanation: Allows President to seek opinions on matters of public importance; non-binding.
3. Question: Special Leave Petition (SLP) is part of which jurisdiction of the Supreme Court? Answer: Appellate jurisdiction. Explanation: Art 136; discretionary appeal from any court/tribunal.
4. Question: In which case was the basic structure doctrine established? Answer: Kesavananda Bharati vs State of Kerala (1973). Explanation: Appellate jurisdiction; limits Parliament's amendment power.
5. Question: Can the Supreme Court's advisory opinion be enforced? Answer: No. Explanation: Art 143; consultative, not judicially binding.
6. Question: From which country's Constitution is the advisory jurisdiction borrowed? Answer: Canada. Explanation: Adapted as non-binding reference to President.

Flowchart Summary

Advisory Jurisdiction Process (Text-Based): President Identifies Issue (Public Importance) ? Refers to SC (Art 143) ? SC Examines (Hearings Optional) ? Gives Opinion (Majority View) ? President Receives (Non-Binding) ? End.

Appellate Process (SLP): Lower Court Judgment ? Petitioner Files SLP (Art 136) ? SC Grants Leave (Discretion) ? Hearing ? Judgment ? End.

Ultra-Short Exam Capsule

1. Art 131: Original jurisdiction.
2. Borrowed: Original from USA.
3. Art 132–134: Appellate (constitutional/civil/criminal).
4. Art 136: SLP (discretionary appellate).
5. Art 143: Advisory jurisdiction.
6. Borrowed: Advisory from Canada.
7. Binding: Original/Appellate yes; Advisory no.
8. Case: Kesavananda (1973) – Basic structure (appellate).
9. Case: Berubari (1960) – Advisory on territory.
10. Exclusions: Original no private/water tribunal matters.
11. Advisory Opinions: ~11 total.
12. SLP: ~80% SC cases.
13. Evolution: Post-1973 activism.
14. Current: Appellate on BNS 2025.
15. Federal Role: Original disputes.

Type 2 – Quick Revision & Exam Tricks

Highlights & High-Yield Points

• Core: Original (federal exclusive), Appellate (review widest), Advisory (consultative non-binding).
• Articles: 131 (original), 132-136 (appellate), 143 (advisory).
• Borrowed: USA (original/appellate), Canada (advisory).
• Linkages: Art 136 ? USA ? L Chandra Kumar (1997, tribunals reviewable) ? 2025 BNS cases.
• Exam Focus: Distinctions, cases, borrowings.

Tricky Points, Common Exam Traps

• Trap: Writs under Art 32 original – Yes, but separate from 131 (131 federal only).
• Trap: Advisory binding – No, non-enforceable.
• Trap: SLP from SC – No, from lower courts.
• Trap: Original includes all disputes – No, excludes commercial/treaty.
• Trap: Appellate only from HC – No, SLP from any tribunal.

Memory Aids / Mnemonics

• Jurisdictions: "OAA" (Original, Appellate, Advisory) – Arts "131, 132-6, 143".
• Appellate Types: "CCC S" (Constitutional 132, Civil 133, Criminal 134, SLP 136).
• Advisory: "PReO" (President Reference Opinion).

Quick Bullet-Style Revision Notes

• Original: Centre-State exclusive; no appeals.
• Appellate: HC certificate or SLP; judicial review core.
• Advisory: President asks; SC may refuse non-legal.
• Evolution: Federal Court ? SC guardian.
• Cases: Kesavananda (appellate), Cauvery (original).
• Current: No new advisory; appellate on new laws.

Confusing or Easily Mistaken Concepts

• Original vs Writ: 131 federal disputes; 32 FR enforcement (both original but distinct).
• Appellate vs Review: Appellate appeals; Review (Art 137) own judgments.
• Advisory vs Original: Advisory abstract; Original contentious suits.
• SLP vs Certificate: SLP discretionary; Certificate HC-granted.

Type 3 – PYQs & Expected Questions

Previous Year Questions

• SSC CGL 2020: The original jurisdiction of the Supreme Court is mentioned in which Article? Final Answer: Article 131.
• RRB NTPC 2021: Under which Article does the President seek advisory opinion from the Supreme Court? Final Answer: Article 143.
• SSC CHSL 2022: Special Leave Petition is provided under? Final Answer: Article 136.
• UPPSC 2023: In which case was the basic structure doctrine propounded? Final Answer: Kesavananda Bharati case.
• SSC MTS 2019: Is the advisory opinion of the Supreme Court binding on the President? Final Answer: No.
• TSPSC 2024: The appellate jurisdiction of the Supreme Court does not include? Final Answer: Appeals from District Courts directly.

Expected/High-Probability Questions

• Distinctions between original and appellate jurisdictions (trend: Comparisons in SSC).
• Role of Art 136 in judicial access (pattern: SLP in PSCs).
• Borrowed features of SC jurisdictions (high-prob: Sources).
• Impact of basic structure on appellate review (scope: Doctrines).
• Cases under advisory jurisdiction (trend: Rare opinions).
• SC's original role in federal disputes (exam-centric: Centre-state tensions).
• Relevance to new criminal laws challenges (high-prob: 2024–2026 appellate cases).