The power to enlarge the jurisdiction of the Supreme Court of India with respect to any matter included in the Union List of Legislative Powers rests with

1. Structure and Composition of the Supreme Court (basic)

The Supreme Court of India stands at the apex of our integrated judicial system, serving as the final interpreter of the Constitution and the ultimate court of appeal. Established under Part V (The Union) of the Constitution, specifically Articles 124 to 147, its structure is designed to ensure independence and efficiency. Initially, the Constitution of 1950 provided for a Chief Justice and 7 other judges, but it wisely gave Parliament the authority to increase this number through legislation as the judicial workload grew Introduction to the Constitution of India, D. D. Basu, Chapter 22, p. 339. Currently, the sanctioned strength of the Court is 34 judges (including the Chief Justice of India). To ensure that only the most seasoned legal minds reach this high office, the Constitution mandates specific qualifications. A candidate must be a citizen of India and meet at least one of three criteria: having served as a High Court judge for five years, practiced as a High Court advocate for ten years, or being a distinguished jurist in the opinion of the President Indian Polity, M. Laxmikanth, Supreme Court, p. 286. Interestingly, unlike many other public offices, the Constitution does not prescribe a minimum age for appointment to the Supreme Court.

Feature	Supreme Court Judge	High Court Judge
Citizenship	Must be an Indian Citizen	Must be an Indian Citizen
Experience	5 yrs (Judge) or 10 yrs (Advocate)	10 yrs (Judicial Office) or 10 yrs (Advocate)
Distinguished Jurist	Eligible for appointment	No such provision Indian Polity, M. Laxmikanth, High Court, p. 354

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), Chapter 22: THE SUPREME COURT, p.339; Indian Polity, M. Laxmikanth (7th ed.), Supreme Court, p.286; Indian Polity, M. Laxmikanth (7th ed.), High Court, p.354

2. Primary Jurisdictions: Original and Writ (basic)

To understand the Original Jurisdiction of the Supreme Court, we must first understand what the word "original" signifies in a legal context. Simply put, it refers to the power of a court to hear a case in the first instance. Unlike appellate jurisdiction, where you climb a ladder from lower courts to higher ones, original jurisdiction allows a petitioner to knock on the Supreme Court's door directly.

Under Article 131, the Supreme Court functions as a federal court. Its primary role here is to act as an arbiter in disputes involving the units of the Indian federation. This jurisdiction is exclusive, meaning no other court in India can hear these matters. These disputes generally involve:

• The Government of India vs. one or more States.
• The Government of India and any State(s) on one side vs. one or more other States.
• Two or more States against each other.

It is important to note that for a case to fall under Article 131, the dispute must involve a question of law or fact on which the existence or extent of a legal right depends D.D. Basu, Introduction to the Constitution of India, Chapter 22, p.346.

Parallel to this is the Writ Jurisdiction under Article 32. While this is also a form of original jurisdiction (because you can go straight to the Supreme Court), it is not "exclusive" because High Courts share this power under Article 226. Article 32 is the soul of our Constitution; it constitutes the Supreme Court as the protector and guarantor of Fundamental Rights. When a citizen's rights are violated, the Court can issue directions, orders, or writs—specifically Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto M. Laxmikanth, Indian Polity, Fundamental Rights, p.99.

Feature	Original Jurisdiction (Art. 131)	Writ Jurisdiction (Art. 32)
Nature	Federal (Centre-State disputes)	Protective (Fundamental Rights)
Exclusivity	Exclusive to the Supreme Court	Concurrent with High Courts
Parties	Government units only	Individuals vs. the State

Sources: Introduction to the Constitution of India, D.D. Basu (26th ed.), Chapter 22: THE SUPREME COURT, p.346; Indian Polity, M. Laxmikanth (7th ed.), Fundamental Rights, p.99; Indian Polity, M. Laxmikanth (7th ed.), Judicial Review, p.298

3. Appellate and Advisory Jurisdictions (intermediate)

To understand the Supreme Court's role as the final arbiter of justice, we must look at how it functions as the highest court of appeal. Appellate jurisdiction means that the Supreme Court has the power to reconsider cases and the legal issues involved that have already been heard by lower courts Indian Constitution at Work, NCERT Class XI, Judiciary, p.132. This ensures that the law is applied uniformly across the country. Broadly, appeals reach the Supreme Court in four ways: constitutional matters (interpreting the Constitution), civil matters, criminal matters, and through a very special door known as Special Leave Petition (SLP).

While ordinary appeals follow a set hierarchy, Article 136 grants the Supreme Court a unique "residuary power." This is the Special Leave Petition, which is worded in the widest terms possible to ensure there is no miscarriage of justice D. D. Basu, Introduction to the Constitution of India, Ch. 22, p.350. Unlike a standard appeal, an SLP is not a right of the citizen, but a discretionary power of the Court. It can grant leave to appeal against any judgment or order from any court or tribunal in India, with one critical exception: it does not apply to military tribunals or courts related to the Armed Forces D. D. Basu, Introduction to the Constitution of India, Ch. 22, p.349.

Beyond settling disputes between parties, the Supreme Court also acts as a legal consultant to the President under Advisory Jurisdiction (Article 143). The President may seek the Court's opinion on any question of law or fact of public importance. This is a non-adversarial process where the Court provides guidance. Interestingly, while the Court is generally bound to give an opinion on pre-constitutional treaties, it can refuse to provide an opinion on other matters if it deems it unnecessary. Crucially, the advice given by the Court is not binding on the President, though it carries immense legal weight.

Feature	Appellate Jurisdiction (Art. 132-134)	Special Leave (Art. 136)
Nature	Follows a standard legal hierarchy.	Discretionary and extraordinary power.
Source	Often requires a certificate from the High Court.	The SC grants leave directly.
Scope	Specific civil, criminal, or constitutional grounds.	Any "cause or matter" (except military).

Sources: Indian Constitution at Work, NCERT Class XI, JUDICIARY, p.132; Introduction to the Constitution of India, D. D. Basu, Chapter 22: THE SUPREME COURT, p.349-350

4. Independence of the Judiciary (intermediate)

In a vibrant democracy like India, the judiciary acts as the sentinel on the qui vive (the watchful guardian). To perform this role effectively, the Constitution ensures that the judiciary is independent of the influence of the executive and the legislature. This independence is not for the personal benefit of judges, but to uphold the Rule of Law and protect the supremacy of the Constitution Indian Polity, Federal System, p.139. This concept is so fundamental that it is considered a basic feature of the Constitution, creating a unique balance between Parliamentary Sovereignty and a written Constitution with Judicial Review Introduction to the Constitution of India, Outstanding Features, p.44.

The Constitution provides several institutional safeguards to maintain this independence. One of the most critical is the security of tenure for judges; they cannot be removed at the whim of the government, but only through a rigorous procedure prescribed in the Constitution. Additionally, their salaries and service conditions are fixed and cannot be changed to their disadvantage after appointment, except during a financial emergency Indian Polity, Federal System, p.139. These provisions, found in articles like Article 125, ensure that judges can make decisions without fear or favor Indian Polity, Supreme Court, p.296.

It is important to distinguish between the functioning of the court and its scope. While the judiciary is independent in its decision-making, the Constitution grants Parliament the power to enlarge the jurisdiction of the Supreme Court with respect to matters in the Union List. This harmonisation ensures that while the "reach" of the court can be expanded by the people's representatives, the "integrity" of the court's judgment remains untouched by political pressure Introduction to the Constitution of India, THE SUPREME COURT, p.339.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Federal System, p.139; Introduction to the Constitution of India, D. D. Basu (26th ed.), OUTSTANDING FEATURES OF OUR CONSTITUTION, p.44; Indian Polity, M. Laxmikanth(7th ed.), Supreme Court, p.296; Introduction to the Constitution of India, D. D. Basu (26th ed.), THE SUPREME COURT, p.339

5. The Power of Judicial Review and Article 137 (intermediate)

The power of Judicial Review is the cornerstone of the Indian Judiciary's role as the protector of the Constitution. In simple terms, it is the authority of the courts to examine the constitutionality of legislative enactments and executive orders. If a law or order is found to violate the provisions of the Constitution, the court can declare it ultra-vires (beyond powers), making it illegal and unenforceable Laxmikanth, M. Indian Polity, High Court, p.360. Interestingly, while this power is a part of the Basic Structure of the Constitution, the specific phrase 'Judicial Review' is not mentioned anywhere in the constitutional text itself Laxmikanth, M. Indian Polity, Judicial Review, p.297.

The constitutional basis for this power is spread across several articles. Article 13 is particularly vital; it acts as a 'gatekeeper' by declaring that any law inconsistent with Fundamental Rights shall be void. Furthermore, Article 32 (for the Supreme Court) and Article 226 (for High Courts) provide the procedural teeth to enforce these rights Introduction to the Constitution of India, D. D. Basu, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.97. This ensures that the principle of Separation of Powers is maintained, preventing any single organ of the state from becoming absolute.

While Judicial Review usually targets the actions of the Legislature and Executive, Article 137 provides a unique 'self-correcting' mechanism for the Supreme Court. Under this article, the Supreme Court has the power to review any judgment pronounced or order made by it Indian Constitution at Work, NCERT Class XI, JUDICIARY, p.133. This is essential because the Supreme Court is the final court of appeal; since there is no higher authority to correct its mistakes, it must have the power to rectify its own errors to prevent a miscarriage of justice.

Feature	Judicial Review	Review of Judgment (Art. 137)
Primary Target	Legislative Acts and Executive Orders.	The Supreme Court's own previous rulings.
Objective	To uphold Constitutional supremacy.	To correct judicial errors or oversights.
Applicability	Both Supreme Court and High Courts.	Specific to the Supreme Court.

Sources: Laxmikanth, M. Indian Polity, Judicial Review, p.297; Laxmikanth, M. Indian Polity, High Court, p.360; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), JUDICIARY, p.133; Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.97

6. Constitutional Amendment and the Judiciary (exam-level)

In our journey through the Supreme Court’s powers, we must understand the delicate tug-of-war between the Legislature and the Judiciary. The Constitution of India does not leave the Court’s jurisdiction frozen in time; instead, it explicitly contemplates the “Enlargement of the jurisdiction of the Supreme Court.” Under the constitutional framework, Parliament is empowered to pass laws to regulate the Court’s organization and, crucially, to enlarge its jurisdiction specifically regarding matters in the Union List Introduction to the Constitution of India, D. D. Basu (26th ed.), Chapter 22, p.339. It is vital to remember that this authority belongs solely to Parliament through legislation—neither the President nor the Law Ministry can unilaterally expand the Court's reach.

However, Parliament’s power to amend the Constitution under Article 368 is not absolute. While Parliament can add, vary, or repeal provisions using different types of majorities (Simple, Special, or Special with State consent), the Judiciary acts as the ultimate guardian Indian Polity, M. Laxmikanth(7th ed.), Chapter 10, p.125. This led to the landmark Kesavananda Bharati case (1973), where the Supreme Court established the Basic Structure Doctrine. This doctrine dictates that while Parliament can amend the Constitution, it cannot alter its "basic features," such as the independence of the judiciary and judicial review Politics in India since Independence (NCERT 2025 ed.), Chapter 6, p.97.

A modern illustration of this conflict is the 99th Constitutional Amendment Act (2014), which sought to replace the Collegium system with the National Judicial Appointments Commission (NJAC). In 2015, the Supreme Court struck down both the Amendment and the NJAC Act, declaring them unconstitutional and void. The Court reasoned that the new system would compromise judicial independence, which is a cornerstone of the Basic Structure Indian Polity, M. Laxmikanth(7th ed.), Chapter 26, p.286.

Feature	Parliamentary Power	Judicial Check
Jurisdiction	Can enlarge jurisdiction via law (Union List).	Determines if such laws violate the Constitution.
Amendments	Can amend the Constitution under Art. 368.	Can strike down amendments violating the "Basic Structure."

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), Chapter 22: THE SUPREME COURT, p.339; Indian Polity, M. Laxmikanth(7th ed.), Chapter 10: Amendment of the Constitution, p.125; Indian Polity, M. Laxmikanth(7th ed.), Chapter 26: Supreme Court, p.286; Politics in India since Independence (NCERT 2025 ed.), Chapter 6: The Crisis of Democratic Order, p.97

7. Article 138: Enlargement of Jurisdiction (exam-level)

In our journey through the Supreme Court’s powers, we have seen that the Constitution provides a robust framework for its authority. However, the framers realized that a growing nation might require its highest court to take on additional responsibilities over time. This is where Article 138: Enlargement of the jurisdiction of the Supreme Court comes into play. Think of it as a "growth clause" that allows the Court’s reach to be extended beyond the original boundaries set in 1950.

The core principle of Article 138 is that the power to expand the Supreme Court’s jurisdiction rests solely with Parliament. It is important to note that neither the President, the Chief Justice of India, nor the Union Law Ministry can unilaterally grant new types of jurisdiction to the Court; such a change requires the passing of a formal law in Parliament M. Laxmikanth, World Constitutions, p.699. This ensures that any expansion of judicial power is a result of legislative deliberation.

Article 138 specifies two distinct ways this enlargement can happen:

• Matters in the Union List: Parliament may, by law, confer further jurisdiction and powers on the Supreme Court with respect to any of the matters listed in the Union List (List I).
• Special Agreements: The Supreme Court can also be given jurisdiction over any other matter if the Government of India and the Government of any State enter into a special agreement for that purpose, which is then backed by Parliamentary legislation D. D. Basu, THE SUPREME COURT, p.339.

Authority Type	Who can enlarge jurisdiction?	Requirement
Constitutional Authority	Parliament of India	Enactment of a Law
Executive/Judicial Authority	President or CJI	No power to enlarge

Sources: Indian Polity, M. Laxmikanth(7th ed.), World Constitutions, p.699; Introduction to the Constitution of India, D. D. Basu (26th ed.), THE SUPREME COURT, p.339

8. Solving the Original PYQ (exam-level)

This question brings together your understanding of the Constitutional Distribution of Powers and the specific role of the Union Legislature. In your previous lessons, you explored how the Supreme Court's jurisdiction is not static; while its core powers are defined by the Constitution, the framers provided a mechanism for growth. As noted in M. Laxmikanth’s Indian Polity, the Parliament acts as the architect of the Court’s functional boundaries to ensure the judiciary can evolve alongside the needs of the Union.

To arrive at the correct answer, remember the fundamental rule: any modification to the legal scope or reach of a constitutional body generally requires legislative action. Under Article 138(1) of the Constitution, the power to confer additional jurisdiction on the Supreme Court with respect to any of the matters in the Union List is explicitly granted to (C) The Parliament. This ensures that any expansion of judicial reach is debated and passed as a formal law, rather than being a result of executive whim or internal judicial decree.

UPSC often uses The President or the Chief Justice of India as "authority traps." While the President is the formal head of state and the CJI manages the court's internal administration as the "Master of the Roster," neither has the unilateral legislative power to alter the Court’s legal mandate. Similarly, the Union Ministry of Law and Justice is an executive department that assists in administration but lacks the power to "enlarge" jurisdiction. Understanding that jurisdictional expansion is a sovereign legislative function allows you to bypass these distractors and identify the Parliament as the only body with this constitutional authority.