[Dushyant Thakur, a student at the Gujarat National Law University, Gandhinagar, expounds and provides a systematic study of Equity Jurisdiction of the Supreme Court – a distinctive head of jurisdiction under which the apex Court can exercise its power.]
The Supreme Court of India does an incredible task by enforcing the lengthiest Constitution of the world in the most populous democracy. For performing this task, the makers of the Constitution of India have vested some extraordinary powers in the Supreme Court in the form of Articles 32, 136 and 142 of the Constitution of India. The Supreme Court uses these provisions to invoke its Equity Jurisdiction. The purpose of this article is to expound and do a systematic study of Equity Jurisdiction of the Supreme Court, a distinctive head of jurisdiction under which the Supreme Court can exercise its power. The article discusses how these provisions are used to provide equitable remedies and, in some cases, evolve equitable procedure. This is done on the basis of principles of equity. It will be observed through a discussion on various provisions of the Constitution of India that the provisions, which act as the source of Equity Jurisdiction of the Supreme Court, are plenary in nature, with virtually no limits according to their text. However, to protect its misuse, the Supreme Court has imposed a boundary upon itself within which this jurisdiction can be invoked. These boundaries are imposed either by evolving principles or by using various maxims of equity. These limitations, within which the Equity Jurisdiction can be invoked by the Supreme Court, will also be discussed. However, such limits can be bypassed if the situation so demands, in the interest of justice.