Jurisdiction And Powers Of Supreme Court

The original jurisdiction of the Supreme Court is the court's authority to hear and decide certain types of cases before they have been heard by any lower court. **Statement 1 is correct:** The Supreme Court under Article 131 has original jurisdiction over any dispute between the Government of India and one or more States. **Statement 2 is incorrect:** The Supreme Court does not have original jurisdiction over disputes regarding elections. These are usually handled by the Election Commission of India and the respective High Courts. **Statement 3 is incorrect:** Disputes between the Government of India and a Union Territory are not covered under the original jurisdiction of the Supreme Court. **Statement 4 is correct:** The Supreme Court has original jurisdiction over any dispute between two or more States. Therefore, only statements 1 and 4 are correct.

Article 131 of the Constitution of India provides for the original jurisdiction of the Supreme Court to settle the disputes between the different units of the Indian Federation such as between the Centre and one or more states and, between the states.

A custodian is a person entrusted with the custody or care of something. - Whenever Fundamental Rights are denied or restricted, it can be challenged in the Supreme Court under Article 32; - The dispute between Centre and State can be settled in the Supreme Court under Article 131; - the Law declared by the Supreme Court shall be binding on all the courts in India under Article 141; - For the enforcement of decrees - Article 142; - President of India consulting Supreme Court under Article 143; - After all, under Article 13, all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void ( Doctrine of Judicial Review). - Supreme Court judgments are the law of the land; Based on the above facts, the Supreme Court takes care of the Constitution. So, simply the Supreme Court is the Custodian of the Constitution.

Article 142 of the Indian Constitution empowers the Supreme Court to pass orders and decrees necessary to ensure "complete justice" in any case before it. This power is vast and extraordinary. Article 142 allows the Supreme Court to ensure that ordinary laws comply with the Constitution and that complete justice is delivered. Even if an ordinary law creates limitations, the Supreme Court can override it using Article 142 to achieve a just outcome.

Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings. Note: This question appeared in the UPSC Prelims 2021. While there was initial debate, the official UPSC Answer Key confirmed Option (a) as the correct answer, highlighting that the High Court's power of review is not equivalent in source or scope to the Supreme Court's power under Article 137.

**Writ of Prohibition:** * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * **Purpose:** To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * **Nature:** It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * **Example:** If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * **Comparison with Certiorari:** Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.