THE DRAFT CONSTITUTION 153
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 185
Seat of Sup- 108. The Supreme Court shall be a court of record reme Court. 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 jurisdiction of the Supreme Court.
Appellate jurisdiction of Supreme Court in appeals from High Courts in States in certain cases.
- Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute—
(a) between the Government of India and one or 10 more States, or
(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, engagement, sanad or other similar instrument which was entered into or executed before the date of commencement of this Constition and has, or has been, continued in operation after that date;
(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.
- (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 interpretation of this Constitution.
25
30
35
40