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
Explanation
Option (c) is correct
- As a federal court, the Supreme Court decides the disputes between different units of the Indian Federation. More elaborately, any dispute:
- Between the Centre and one or more states; or
- Between the Centre and any state or states on one side and one or more other states on the other side; or
- Between two or more states.
- In the above federal disputes, the Supreme Court has exclusive original jurisdiction. Exclusive means, no other court can decide such disputes and original means, the power to hear such disputes in the first instance, not by way of appeal.
Option (a) is incorrect
- The Constitution (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, sanad or other similar instruments.
- In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president.
- But, in the second case, the Supreme Court ‘must’ tender its opinion to the president.
- In both the cases, the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the president; he may follow or may not follow the opinion. However, it facilitates the government to have an authoritative legal opinion on a matter to be decided by it
Option (b) is incorrect
- 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
Option (d) is incorrect
- 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 directly go 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.
