Understanding Jurisdiction: Original, Appellate, and Advisory
Jurisdiction refers to the authority granted to a legal body to hear and decide cases. In the context of the Indian Union and its judiciary, understanding the different types of jurisdiction is crucial for comprehending the powers and functions of various constitutional bodies, particularly the Supreme Court and High Courts. This module will delve into original, appellate, and advisory jurisdiction.
Original Jurisdiction
Original jurisdiction is the power of a court to hear a case for the first time, as opposed to hearing it on appeal from a lower court. For the Supreme Court of India, this primarily involves disputes between the Union and states, or between states themselves, and cases involving the violation of fundamental rights.
Original jurisdiction means hearing a case from the very beginning.
The Supreme Court's original jurisdiction is a cornerstone of federalism and fundamental rights protection. It allows the court to directly address disputes that could destabilize the Union or infringe upon citizens' basic liberties.
Article 131 of the Constitution of India defines the original jurisdiction of the Supreme Court. This includes disputes between:
- The Government of India and one or more States.
- The Government of India and any State or States on one side and one or more other States on the other.
- Two or more States. However, this jurisdiction does not extend to disputes arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been specified by the President, continues in operation or which provides that the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be construed as the said provision shall not be 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