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Explain the four jurisdiction of supreme court?
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Explain the four jurisdiction of supreme court?
1. Original Jurisdiction:
A court is said to have original jurisdiction when it possesses the authority to hear and determine the case in the first instance. This type of jurisdiction has been dealt with in Article 131 of the Constitution.
2. Writ Jurisdiction (Article 32):
Under Article 32, the Supreme Court can entertain an application for the issue of a constitutional writ for the enforcement of Fundamental Rights. This is termed as original jurisdiction as the aggrieved party can move the Apex court directly through a petition instead of coming through a High Court by way of an appeal. Basu is of the view, “…it should be treated as a separate jurisdiction since the dispute in such cases is not between the units of the Union but an aggrieved individual and the Government or any of its agencies.” The jurisdiction under the article is not analogous to that of under Article 131.
3. Appellate Jurisdiction:
The Supreme Court, as the highest Court of Appeal, stands at the apex of the Indian judiciary. M.C. Setalved in his speech at the inauguration of the Supreme Court on January 28, 1950 said, “The writ of this court will run over territory extending to over two million square miles inhabited by a population of about 300 millions. It can truly be said that the jurisdiction and powers of this Court in their nature and extent are wider than those exercised by the High Courts of any country in the Commonwealth or by the Supreme Court of the U.S.A.”
The appellate jurisdiction of the Court can be divided into four main categories of cases; Constitutional, Civil, Criminal and Special.
4. Advisory Jurisdiction:
A salient feature of the Supreme Court is its consultative role. In fact, it is a legacy of the past. A similar role was assigned to the Federal Court according to Section 213 of the Act of 1935. According to Article 143, (i) the President of India is empowered to refer to the Supreme Court any question of law or fact of public importance. There is no constitutional compulsion for the Court to give its advice.
A court is said to have original jurisdiction when it possesses the authority to hear and determine the case in the first instance. This type of jurisdiction has been dealt with in Article 131 of the Constitution.
2. Writ Jurisdiction (Article 32):
Under Article 32, the Supreme Court can entertain an application for the issue of a constitutional writ for the enforcement of Fundamental Rights. This is termed as original jurisdiction as the aggrieved party can move the Apex court directly through a petition instead of coming through a High Court by way of an appeal. Basu is of the view, “…it should be treated as a separate jurisdiction since the dispute in such cases is not between the units of the Union but an aggrieved individual and the Government or any of its agencies.” The jurisdiction under the article is not analogous to that of under Article 131.
3. Appellate Jurisdiction:
The Supreme Court, as the highest Court of Appeal, stands at the apex of the Indian judiciary. M.C. Setalved in his speech at the inauguration of the Supreme Court on January 28, 1950 said, “The writ of this court will run over territory extending to over two million square miles inhabited by a population of about 300 millions. It can truly be said that the jurisdiction and powers of this Court in their nature and extent are wider than those exercised by the High Courts of any country in the Commonwealth or by the Supreme Court of the U.S.A.”
The appellate jurisdiction of the Court can be divided into four main categories of cases; Constitutional, Civil, Criminal and Special.
4. Advisory Jurisdiction:
A salient feature of the Supreme Court is its consultative role. In fact, it is a legacy of the past. A similar role was assigned to the Federal Court according to Section 213 of the Act of 1935. According to Article 143, (i) the President of India is empowered to refer to the Supreme Court any question of law or fact of public importance. There is no constitutional compulsion for the Court to give its advice.
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Explain the four jurisdiction of supreme court?
Jurisdiction of the Supreme Court
The Supreme Court is the highest judicial authority in the United States and has the power to interpret the Constitution and federal laws. The jurisdiction of the Supreme Court refers to the types of cases that it has the authority to hear and decide. There are four main types of jurisdiction that the Supreme Court holds:
1. Original Jurisdiction:
The Supreme Court has original jurisdiction in a limited number of cases. This means that it can hear a case for the first time, without it being previously heard in a lower court. According to Article III, Section 2 of the Constitution, the Supreme Court has original jurisdiction over cases involving ambassadors, public ministers, and consuls, as well as cases where a state is a party. However, this type of jurisdiction is relatively rare, and most cases reach the Supreme Court through the process of appeal.
2. Appellate Jurisdiction:
The primary jurisdiction of the Supreme Court is appellate jurisdiction. This means that it has the power to review and hear appeals from lower federal courts and state supreme courts. Most cases that come before the Supreme Court fall under its appellate jurisdiction. The Court has the discretion to choose which cases it will hear, typically selecting those that involve significant constitutional issues or conflicts between different federal circuits or state courts.
3. Exclusive Jurisdiction:
The Supreme Court also has exclusive jurisdiction over certain types of cases. These cases can only be heard by the Supreme Court and cannot be appealed to any other court. Examples of cases falling under exclusive jurisdiction include disputes between states, cases involving foreign diplomats, and cases related to federal crimes. The Supreme Court's exclusive jurisdiction ensures uniformity and consistency in the interpretation of these specific types of cases.
4. Supervisory Jurisdiction:
Supervisory jurisdiction refers to the power of the Supreme Court to oversee the actions of lower courts. This allows the Supreme Court to ensure that lower courts are acting within their legal authority and following proper procedures. The Court can issue writs of certiorari or other orders to review and correct any errors made by lower courts. However, the supervisory jurisdiction of the Supreme Court is not as extensive as its appellate jurisdiction, as it generally focuses on correcting errors rather than hearing cases de novo.
In conclusion, the Supreme Court possesses original jurisdiction in limited cases, primarily exercises appellate jurisdiction, has exclusive jurisdiction over specific case types, and exercises supervisory jurisdiction to oversee the actions of lower courts. These different types of jurisdiction enable the Supreme Court to fulfill its role as the final arbiter of constitutional and legal disputes in the United States.
The Supreme Court is the highest judicial authority in the United States and has the power to interpret the Constitution and federal laws. The jurisdiction of the Supreme Court refers to the types of cases that it has the authority to hear and decide. There are four main types of jurisdiction that the Supreme Court holds:
1. Original Jurisdiction:
The Supreme Court has original jurisdiction in a limited number of cases. This means that it can hear a case for the first time, without it being previously heard in a lower court. According to Article III, Section 2 of the Constitution, the Supreme Court has original jurisdiction over cases involving ambassadors, public ministers, and consuls, as well as cases where a state is a party. However, this type of jurisdiction is relatively rare, and most cases reach the Supreme Court through the process of appeal.
2. Appellate Jurisdiction:
The primary jurisdiction of the Supreme Court is appellate jurisdiction. This means that it has the power to review and hear appeals from lower federal courts and state supreme courts. Most cases that come before the Supreme Court fall under its appellate jurisdiction. The Court has the discretion to choose which cases it will hear, typically selecting those that involve significant constitutional issues or conflicts between different federal circuits or state courts.
3. Exclusive Jurisdiction:
The Supreme Court also has exclusive jurisdiction over certain types of cases. These cases can only be heard by the Supreme Court and cannot be appealed to any other court. Examples of cases falling under exclusive jurisdiction include disputes between states, cases involving foreign diplomats, and cases related to federal crimes. The Supreme Court's exclusive jurisdiction ensures uniformity and consistency in the interpretation of these specific types of cases.
4. Supervisory Jurisdiction:
Supervisory jurisdiction refers to the power of the Supreme Court to oversee the actions of lower courts. This allows the Supreme Court to ensure that lower courts are acting within their legal authority and following proper procedures. The Court can issue writs of certiorari or other orders to review and correct any errors made by lower courts. However, the supervisory jurisdiction of the Supreme Court is not as extensive as its appellate jurisdiction, as it generally focuses on correcting errors rather than hearing cases de novo.
In conclusion, the Supreme Court possesses original jurisdiction in limited cases, primarily exercises appellate jurisdiction, has exclusive jurisdiction over specific case types, and exercises supervisory jurisdiction to oversee the actions of lower courts. These different types of jurisdiction enable the Supreme Court to fulfill its role as the final arbiter of constitutional and legal disputes in the United States.
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