All You Need To Know Original Jurisdiction Of Supreme Court

The ability of a court to hear a case for the first time is known as original jurisdiction. All disputes involving the Indian government and its constituent states, as well as those involving the government of India and one or more additional states, fall under the original jurisdiction of the Supreme Court. Let's examine the Supreme Court's Original Jurisdiction.

 

•    The Supreme Court has original jurisdiction over all disputes involving the upholding of citizens' basic rights under Article 32 of the Indian Constitution.

 

•    The Supreme Court so has the authority to issue writs, instructions, and orders, including mandamus, habeas corpus, quo warranto, prohibition, and certiorari.

 

•    The Supreme Court also has the power to direct the transfer of a criminal or civil case from the high court of one state to the high court of another state.

 

•    Additionally, it has the ability to transfer cases from one inferior court to the State High Court of a different state.

 

•    The Supreme Court considers matters involving the various parts of the Indian Federation because it is a federal court. For instance, a dispute between the Centre and one or more states, between the Centre and one or more states on either side of the dispute, or between two or more states.

 

•    The Supreme Court has the jurisdiction to withdraw cases from the High Court or Courts and settle all of the cases on its own if it determines that cases involving the identical legal issues are pending before it and one or more High Courts have referred that these are significant legal matters. 

 

•    The aforementioned federal matters fall under the exclusive original jurisdiction of the Supreme Court.

 

•    Exclusive and original refer to the power to hear such matters in the first instance, without recourse, and respectively, that no other court has the authority to resolve such issues.

 

•    Two things should be kept in mind when discussing the Supreme Court's Exclusive Original Jurisdiction: first, the dispute must be focused on a topic (whether legal or factual) that establishes the existence or reach of a legal right. As a result, it does not address political issues.

 

•    Two, this clause bars any lawsuits brought before the Supreme Court by private parties against the Centre or a state.

 

•    Furthermore, the following are not within the Supreme Court's purview:

 

1.    Any conflict-causing pre-Constitutional contract, covenant, engagement, sanad, or other comparable document.

 

2.    A disagreement brought about by a treaty, agreement, or other arrangement when it is specifically stated that such an issue is outside the scope of the authority.

 

3.    Conflicts over water between states.

 

4.    Subjects that have been referred to the Commission on Finance.

 

5.    Some expenditures and pensions must be adjusted by the Centre and the States.

 

6.    A frequent disagreement over trade between the Centre and the States.

 

•    Recovering damages from the Centre on behalf of a state West Bengal made the initial complaint in 1961 under the original jurisdiction. West Bengal brought a complaint against the Centre before the Supreme Court. The Coal Bearing lands (Acquisition and Development) Act of 1957, which governs the purchase and development of coal-bearing lands, has been called into doubt by the state administration. The Supreme Court dismissed the complaint after finding the Act to be legal after Parliament passed it.

The Supreme Court of India is the nation's top court and performs its duties in the public interest while also having a wide range of jurisdiction and significant capabilities. It protects a person's fundamental rights and uses its expansive perspective to interpret the Constitution's clauses. It enacts laws that are unchallengeable and enforceable before all other courts, and it guarantees social and economic justice for Indian inhabitants.