Vol. 13 · pages 186–190

Seat of Sup- reme Court. 108. The Supreme Court shall be a court of record and shall sit in Delhi and at such other place or places, if any, as the Chief Justice may, with the approval of the President, from time to time, appoint. 5 Original juris- diction of the Supreme Court. 109. Subject to the provisions of this Constitu- tion, the Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dis- pute— (a) between the Government of India and one or more States, or 10 (b) between the Government of India and any State or States on one side and one or more. other States on the other; or (c) between two or more States, 15 if in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to— 20 (i) a dispute to which a State for the time being specified in Part III of the First Schedule is a party, if the dispute arises out of any provision of a treaty, agreement, engage- ment, sanad or other similar instrument which was entered into or executed before the date of commencement of this Consti- tion and has, or has been, continued in operation after that date; 25 (ii) a dispute to which any State is a party, if the dispute arises out of any provision of a treaty, agreement, engagement, sanad or other similar instrument which provides that the said jurisdiction shall not extend to such a dispute. 30 35 Appellate jurisdiction of Supreme Court in appeals from High Courts in States in certain cases. 110. (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in a State, whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the inter- pretation of this Constitution. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 185 153THE DRAFT CONSTITUTION

(2) “Where the High Court has refused to give such a certificate, the Supreme Court may, if it is satis- fied that the case involves a substantial question of law as to the interpretation of this Constitution, grant special leave to appeal from such judgment, decree or final order. 5 (3) Where such a certificate is given, or such leave is granted, any party in the case may appeal to the Supreme Court not only on the ground that any such question as aforesaid has been wrongly decided, but also on any other ground. 10 Explanation.—For the purposes of this article, the expression “final order” includes an order de- ciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case. 15 Appellate jurisdiction of Supreme Court in appeals from High Courts in the terri- tory of India except the States for the time being speci- fied in Part III of the First Sche- dule in other cases. 111. (1) An appeal shall lie to the Supreme Court from a judgment, decree or final order in a civil pro- ceeding of a High Court in the territory of India except the States for the time being specified in Part III of the First Schedule, if the High Court certifies— 20 (a) that the amount or value of the subject- matter of the dispute in the court of first instance and still in dispute on appeal was and is not less than twenty thousand rupees; or 25 (b) that the judgment, decree or final order in- volves directly or indirectly some claim or question respecting property of the like amount or value; or 30 (c) that the case is a fit one for appeal to the Supreme Court; and, where the judgment, decree or final order appealed from affirms the decision of the court imme- diately below, in any case other than one referred to in clause (c), if the High Court further certifies that the appeal involves some substantial question of law. 35 (2) Notwithstanding anything contained in article 110 of this Constitution, any party appealing to the Supreme Court under clause (1) of this article may 40 186 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 154 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

urge as one of the grounds in such appeal that the case involves a substantial question of law as to the interpretation of this Constitution which has been wrongly decided. Special leave to appeal by the Sup- reme Court in certain other cases. 112. The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree or final order in any cause or matter, passed or made by any court or tribunal in the territory of India except the States for the time being specified in Part III of the First Schedule, in cases where the provisions of article 110 or article 111 of this Consti- tution do not apply. 5 10 Reference to the Supreme Court by High Courts in States for the time being speci- fied in Part III of the First Sche- dule in cer- tain cases. 113. (1) If in the course of any civil, criminal or other proceeding in a High Court in any State for the time being specified in Part III of the First Schedule, any question as to the applicability or interpretation of any law of Parliament or of the Legislature of any State other than such State, which is material for the determination of any issue in such proceeding, arises, the High Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case with particular reference to such question with its own opinion thereon and refer such question to the Supreme Court for opinion. 15 20 25 (2) The Supreme Court may, where any such High Court refuses to state a case under clause (1) of this article, require a case to be so stated. (3) When a case is so stated either under clause (1) or under clause (2) of this article, the High Court shall stay all proceedings until the opinion of the Supreme Court is received. 30 (4) The Supreme Court shall, after giving the parties an opportunity of being heard, decide the question so referred, and shall cause a copy of its opinion to be transmitted to the High Court and such High Court shall on receipt thereof proceed to dis- pose of the case in conformity with the opinion of the Supreme Court. 35 (5) The Supreme Court may at any stage return any case stated under this article in order that further facts may be stated therein. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 187 155THE DRAFT CONSTITUTION

Enlargement of the juris- diction of the Supreme Court. 114. (1) The Supreme Court shall have such fur- ther jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. (2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and any State may by special agreement confer, if Parliament by law pro- vides for the exercise of such jurisdiction and powers by the Supreme Court. 5 10 Conferment on the Sup- reme Court of powers to issue cer- tain writs. 115. Parliament may, by law, confer on the Supreme Court power to issue directions or orders in the nature of the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 25 (which relates to the enforce- ment of fundamental rights) of this Constitution. 15 Ancillary powers of Supreme Court 116. Parliament may by law make provision for conferring upon the Supreme Court such supple- mental powers not inconsistent with any of the pro- visions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution. 20 Law declared by Supreme Court to be binding on all courts. 117. The law declared by the Supreme Court shall be binding on all courts within the territory of India. 25 Enforcement of decrees and orders of Supreme Court and or- ders as to dis- covery, etc. 118. (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable through- out the territory of India in such manner as may be prescribed by or under any law made by Parlia- ment. 30 (2) Subject to the provisions of any law made in this behalf by Parliament the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the pur- pose of securing the attendance of any person, the 35 188 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 156 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

discovery or production of any documents, or the investigation or punishment of any contempt of itself. Power of President to consult Supreme Court. 119. (1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that court for consideration and the court may, after such hearing as it thinks fit, report to the President its opinion thereon. 5 10 (2) The President may, notwithstanding anything contained in clause (i) of the proviso to article 109 of this Constitution, refer a dispute of the kind men- tioned in the said clause to the Supreme Court for decision, and the Supreme Court shall thereupon, after giving the parties an opportunity of being heard, decide the same and report the fact to the President. 15 Civil and judicial authorities to act in aid of the Sup- reme Court. 120. All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. 20 Rules of Court, etc. *121. (1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, 25 *In the Supreme Court of the United States of America all the judges of the Court are entitled to participate in the hear- ing of every matter, and the Court never sits in divisions. The judges of that Court attach the greatest importance to this prac- tice. The Committee is of opinion that this practice should be followed in India at least in two classes of cases, namely, those which involve questions of interpretation of the Constitution and those which are referred to the Supreme Court for opinion by the President. Whether the same practice should not be extended to other classes of cases is a matter which Parliament may regu- late by law. Item (b) giving the Court power to make rules for regulating the time to be allowed to advocates to make their submissions to the Court has also been inserted in the article. This follows the practice prevalent in the Supreme Court of the United States, where the advocates are normally allowed only one hour to argue each case, the rest of their submissions being in writing. (One member of the Committee, Shri Alladi Krishnaswami Ayyar, considers it unnecessary expressly to mention this power in this article, because in his view the position of the Supreme Court in India, in respect of its general appellate functions, is different from that of the Supreme Court of the United States.) THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 189 157THE DRAFT CONSTITUTION