Civil Procedure Code (CPC)

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Jyoti   26 January 2021

Jurisdiction of supreme court

I don't quite understand what is original jurisdiction of the Supreme Court. Please explain it and tell me what all kinds of disputes come under it?


 7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 January 2021

Kindly prefer to raise this query before your Professor /Teacher. 
However you may put up your actual grievance query for relevant solutions /guidance. 

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Preksha Goyal   10 March 2021

The Supreme Court has original, appellate and advisory jurisdiction.

The original jurisdiction extends to any dispute between

  1. the Government of India and one or more States
  2. the Government of India and any State or States on one side and one or more States on the other
  3. two or more States,
    if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.
    In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself. Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.

Ananya Choudhary   15 March 2021

Jurisdiction basically refers to the extent of judicial authority  any particular legal body has in order to fulfil its defined responsibility.

The supreme court has 3 types of jurisdictions:

         (i) Original jurisdiction under article 131

         (ii) Appellate jurisdiction under article 132 

         (iii) Advisory Jurisdiction under article 143

 

Original jurisdiction refers to the matters for which the court is first approached. Such are the cases involving interpretation of the constitution

Therefore original jurisdiction of supreme court involves matters of:

  1. dispute between the Government of India and one or more States
  2. dispute between the Government of India and any State or States on one side and one or more States on the other
  3. dispute between two or more States
  4. Article 32 of the Constitution provides original jurisdiction to the SC for matters regarding the enforcement of Fundamental Rights.
  5. The SC can issue writs, directions, or orders including writs in the nature of mandamus, habeas corpus, quo warranto, prohibition and certiorari.
  6. The SC also has the power to direct the transfer of a criminal or civil case from the High Court in one State to the High Court in another State.
  7. It can also transfer cases from one subordinate court to another State High Court
  8. If the SC deems that cases involving the same questions of law are pending before it and one or more High Courts, and that these are significant questions of law, it can withdraw the cases before the high courts or Courts and dispose off all these cases itself.
  9. The Arbitration and Conciliation Act, 1996 gives SC the authority to initiate international commercial arbitration.

It also involves matters of question on which the existence or extent of legal rights depends. And the disputes concerned should be in respect of legal rights and not of political nature.

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Ridhima   26 May 2021

Jurisdiction refers to the extent of the power to make legal decisions and judgements. The Supreme Court exercises three types of jurisdictions which are:

  • Original Jurisdiction (Article 131 of the Indian Constitution)
  • Appellate Jurisdiction (Article 132 of Indian Constitution)
  • Advisory Jurisdiction (Article 143 of Indian Constitution).

Original Jurisdiction refers to the power of the court to hear the case for the first time, in contrast to the appellate jurisdiction where a higher court has the power to review the already given decision by the lower court.

Original Jurisdiction of Supreme court extends to—

  1. Any dispute between the government of India and one or more states
  2. Any dispute between the Government of India and any State or States on one side and one or more other States on the other
  3. Any dispute between one or more states if involves the question on which the existence or extent of legal right depends (this jurisdiction shall not extend to any dispute arising out of any treaty, agreement, etc. which was entered before the commencement of constitution and continues to exist after its commencement).

Besides these three key points mentioned in Article 131, the Supreme Court under Article 32 has power to issue writs in cases of violation of fundamental rights of citizens to enforce the same. The SC has power to transfer cases from one High Court to another or itself take up the case if deems necessary. Moreover, the Supreme Court has the power to initiate international commercial arbitration.

 

Shreya Taneja   20 June 2021

 

The term "jurisdiction" refers to the authority to make legal decisions and judgments. The Supreme Court has three different sorts of jurisdictions:

Jurisdiction at first instance (Article 131 of the Indian Constitution)

Jurisdiction of the Appellate Court (Article 132 of Indian Constitution)

Jurisdiction Advisory (Article 143 of Indian Constitution).

Original jurisdiction refers to a court's ability to hear a matter for the first time, as opposed to appellate jurisdiction, which allows a higher court to review a judgement made by a lower court.

The Supreme Court's original jurisdiction includes any dispute between the Indian government and one or more states. Any dispute between the Government of India and any State or States on the one hand, and one or more other States on the other, any dispute between one or more states if it involves a question on which the existence or scope of a legal right is contingent (this jurisdiction does not apply to any dispute resulting from a treaty, accord, or other agreement that was signed prior to the constitution's enactment and continues to exist after the constitution's enactment).

Apart from the three major factors outlined in Article 131, the Supreme Court has the power, under Article 32, to issue writs in cases of citizen fundamental rights violations in order to enforce them. The Supreme Court has the authority to transfer matters from one High Court to another or, if required, to take up the case itself. The Supreme Court also has the authority to launch international commercial arbitration proceedings.

arpita   11 July 2021

The term Jurisdiction means the authority of a court to adjudicate a legal matter or judgement.

Jurisdiction can be classified into:

  1. Original jurisdiction (Art. 131).
  2. Appellate jurisdiction (Arts. 132).
  3. Advisory jurisdiction. (Art. 143).

Original jurisdiction of the court has the power to entertain cases for the first time. It involves disputes as;

  • between the Indian Government and one or more States.
  • between the Indian Government and one or more States on one side and one or more States on the other side.
  • between two or more States.

Article 32 of the Constitution provides original jurisdiction for matters of enforcing Fundamental Rights. SC has the authority to initiate international commercial arbitration.

The SC can issue writs, directions, or orders including writs in the nature of mandamus, habeas corpus, quo warranto, prohibition and certiorari.

The SC has the power to transfer a criminal or civil case from the High Court in one State to the High Court in another State. It can also transfer cases from one subordinate court to another State High Court.


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