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Which of the following does not come under the original jurisdiction of the Supreme Court?
1. Inter-state water dispute
2. Dispute between 2 or more states
3. The dispute between centre or state
4. Disputes of commercial nature between centre and states
Choose the correct code.
- a)1, 3 and 4
- b)1 and 4
- c)1, 2 and 3
- d)2 and 3
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
Which of the following does not come under the original jurisdiction ...
Key-Points In the above Federal dispute, the Supreme Court has exclusive original jurisdiction. Exclusive means no the court can decide that disputes and original means the power to hear such disputes in the first instance, not by way of appeal. With regard to the exclusive original jurisdiction of the supreme court, two points should be noted:
- original jurisdiction of the Supreme Court:
- As a federal court, the supreme court decides the dispute between different units of the Indian Federation.
- More elaborately, any dispute between-
- the centre and one or more States. Hence, statement 3 is correct.
- the centre and any States or States on one side and one or more States on the other
- between two or more States. Hence, statement 2 is correct.
- One, the dispute must involve a question on which the existent or extent of a legal right depends.
- Thus, the question of political nature is excluded from it.
- Two, any suit brought before the supreme court by a private citizen against the centre or state cannot be entertained under this.
Mistake Point
- Further, this jurisdiction of the supreme court does not extend to the following-
- A dispute arising out of any pre-constitution Treaty, agreement, Covenant, engagement.
- Interstate water disputes. Hence, statement 1 is incorrect.
- Matters referred to the finance commission.
- Ordinary dispute of commercial nature between the centre and the states. Hence, statement 4 is incorrect.
- Recovery of damages by a state against the centre.
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Which of the following does not come under the original jurisdiction ...
The correct answer is option 'B' - 1 and 4.
The original jurisdiction of the Supreme Court refers to the cases that can be directly filed in the Supreme Court without going through any other lower courts. The Supreme Court has original jurisdiction in certain types of cases as per the provisions of the Constitution of India.
Let's examine each option to understand which of them does not fall under the original jurisdiction of the Supreme Court:
1. Inter-state water dispute: This comes under the original jurisdiction of the Supreme Court. Article 131 of the Constitution provides the Supreme Court with the exclusive jurisdiction to adjudicate disputes between states or between the Centre and states.
2. Dispute between 2 or more states: This comes under the original jurisdiction of the Supreme Court. As mentioned earlier, Article 131 grants the Supreme Court the power to resolve disputes between states.
3. The dispute between the Centre or state: This comes under the original jurisdiction of the Supreme Court. Article 131 also empowers the Supreme Court to hear disputes between the Centre and states.
4. Disputes of commercial nature between the Centre and states: This does not come under the original jurisdiction of the Supreme Court. Such disputes fall under the appellate jurisdiction of the Supreme Court, meaning they need to be first heard and decided by a lower court before they can be appealed to the Supreme Court.
Therefore, option 'B' - 1 and 4 is the correct answer as both inter-state water disputes (option 1) and disputes of commercial nature between the Centre and states (option 4) come under the original jurisdiction of the Supreme Court.
The original jurisdiction of the Supreme Court refers to the cases that can be directly filed in the Supreme Court without going through any other lower courts. The Supreme Court has original jurisdiction in certain types of cases as per the provisions of the Constitution of India.
Let's examine each option to understand which of them does not fall under the original jurisdiction of the Supreme Court:
1. Inter-state water dispute: This comes under the original jurisdiction of the Supreme Court. Article 131 of the Constitution provides the Supreme Court with the exclusive jurisdiction to adjudicate disputes between states or between the Centre and states.
2. Dispute between 2 or more states: This comes under the original jurisdiction of the Supreme Court. As mentioned earlier, Article 131 grants the Supreme Court the power to resolve disputes between states.
3. The dispute between the Centre or state: This comes under the original jurisdiction of the Supreme Court. Article 131 also empowers the Supreme Court to hear disputes between the Centre and states.
4. Disputes of commercial nature between the Centre and states: This does not come under the original jurisdiction of the Supreme Court. Such disputes fall under the appellate jurisdiction of the Supreme Court, meaning they need to be first heard and decided by a lower court before they can be appealed to the Supreme Court.
Therefore, option 'B' - 1 and 4 is the correct answer as both inter-state water disputes (option 1) and disputes of commercial nature between the Centre and states (option 4) come under the original jurisdiction of the Supreme Court.
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Which of the following does not come under the original jurisdiction of the Supreme Court?1. Inter-state water dispute2. Dispute between 2 or more states3. The dispute between centre or state4. Disputes of commercial nature between centre and statesChoose the correct code.a)1, 3 and 4b)1 and 4c)1, 2 and 3d)2 and 3Correct answer is option 'B'. Can you explain this answer?
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