Question

Explain the cases in which the Supreme Court enjoys Original Jurisdiction.

With reference to the Supreme Court, explain its functions stated below:

Original Jurisdiction.

Answer 1

Original Jurisdiction: It means that the Supreme Court has the authority to hear and determine in the first instance the cases which cannot be moved to any other court than the Supreme Court.

1) The Supreme Court entertains original jurisdiction in the cases of dispute between

• The Government of India and one or more states or
• Between the Government of India and any state or states on one side and one
  or more states on the other or
• Between two or more states
• Exceptional cases wherein the Supreme Court does not extend its original jurisdiction are
  A dispute arising out of the treaty, an agreement which is in operation
  In certain other matters such as inter-state water disputes, matters referred to the Finance Commission and
  Adjustment of certain expenses and pensions between the union and the states

2) Protection of Fundamental Rights: The Supreme Court also extends its original jurisdiction to cases of violation of the Fundamental Rights of individuals, and the court can issue several writs for the enforcement of these rights. An individual is allowed to approach the Supreme Court in case of
violation of fundamental rights.

3) Transfer of cases from Lower Courts: Under Article 139A, inserted by the 44thAmendment in 1978, the Supreme Court may transfer the cases from one or more High Courts to itself if these are related to the questions of law or cases of great importance.

4) Interpretation of the Constitution: All the cases which require interpretation of the Constitution have to be directly filed in the Supreme Court.

 

Answer 2

The power of Original Jurisdiction means the power to hear and determine a dispute in the first instance, i.e., those cases which cannot be moved in any other court but the Supreme Court. This kind of jurisdiction extends to the following:

Centre-State or inter-State Disputes: The Supreme Court has exclusive original jurisdiction over disputes between the Centre and one or more States; Centre and any State or States on one side and one or more States on the other side; or between two or more States. However, this jurisdiction is not extended to a dispute arising out of a treaty, agreement, etc., which is in operation or disputes arising out of inter-State water disputes, matters under the consideration of Finance Commission, etc. Also, the jurisdiction doesn’t apply to adjustment of certain expenses and pensions between the Union and the States.

Protection of Fundamental Rights: The Supreme Court can adjudicate on matters pertaining to violation of the Fundamental Rights of citizens and issue Writs for their protection. Any individual citizen can approach the Supreme Court in case of such a violation and seek justice.

Transfer of Cases from Lower Courts: Under Article 139 A of the Constitution, the Supreme Court can transfer to itself cases from one or more High Courts if these involve questions of law or cases are of great importance. The Supreme Court may transfer cases from one High Court to another in the interest of justice.

Interpretation of Constitution: All cases where an interpretation of the Constitution is required can be directly filed in the Supreme Court. The Supreme Court has the power of exclusive jurisdiction under Article 131A with regard to questions as to the Constitutional validity of central laws.