Original Jurisdiction of the Supreme Court

In India, there is a three-tier system in the judicial system in the country. These are- the Supreme Court of India, the High courts of India, and the Subordinate Courts within the country. India’s highest and final court of appeal is the Supreme Court. 

There is one Supreme Court in the country and there are approximately 25 High courts in India. The Supreme Court of India can make appeals against the judgement of several courts within the country, including the high court of India. The judgement and verdict made by the supreme court are binding on all the courts within the court. It also has the responsibility of settling the disputes between the state governments, the state and the union, and between the unions. The Jurisdiction of the Supreme Court includes the Original, Appellate, and Advisory Jurisdiction. 

Before we move ahead to talk about these jurisdictions of the Supreme Court of India, let us look at jurisdiction meaning in literal terms. 

Jurisdiction

The jurisdiction meaning revolves around the authority of an institution to hear and make verdicts on issues and cases, at the first instance. In terms of the Supreme Court, it has three different types of jurisdiction. These jurisdictions are the Original Jurisdiction, Appellate Jurisdiction, and the advisory Jurisdiction of Supreme Court. In terms of high courts in the country, there are two types of Jurisdiction. These are Original Jurisdiction and the Appellate Jurisdiction. 

In general terms, jurisdiction includes the following characteristics-

• Demographic Jurisdiction: the court’s power is bounded by demography or territory. 
• Pecuniary or Financial Jurisdiction: the court’s power is termed around the financial funds involved in a case.
• Appellate Jurisdiction: the court’s power and authority to listen to a case on appeal from other lower courts within the country. 
• Subject-related cases: the court’s power to listen to a case that is related to a particular subject. 
• Original Jurisdiction: the court’s power to listen to a matter or case from the very beginning. 

Let us briefly look at the Appellate and Advisory Jurisdiction of Supreme Court. 

Appellate and Advisory 

Let us begin with a brief discussion on Appellate Jurisdiction of the Supreme Court. Appellate Jurisdiction’s meaning is that it gives the authority to the Supreme Court to hear or listen to cases and matters on appeal of a lower court in the country. These courts can be any regional, local, or high Court in the country. This jurisdiction includes matters related to civil, criminal, and constitutional offences. The making of appeal in the Supreme Court is made available, with respect to any kind of judgements- whether criminal or civil proceedings. However, for a case to be certified as an appeal to the supreme court, it is necessary for the high courts to declare that the respective case involves certain questioning and interpretation of laws of the Constitution of India. 

The advisory jurisdiction meaning the supreme court’s authority to advise the presidents of the country, when consulted. It is the crucial power of the court. Article 143 of the Indian Constitution deals with this Jurisdiction. However, it must be noted that the advice given out by the Supreme Court is far from binding on the Indian President. 

Original

Original Jurisdiction meaning the cases or matters that are referred to the respective courts at the first instance. India has a quasi-federal structure; hence, there are always chances of disputes between the centre and the states concerning certain provisions and cases. In such a matter, the Supreme Court acts as an arbitrator. Article 131 of the Constitution of India points at the original jurisdiction of the Supreme Court. The provisions laid out are-

• Disputers, controversies, and matters between the Centre and the State governments. 
• Disputes and controversies between State governments in the country.
• Matters relating to the enforcing of the fundamental rights of the citizens. 
• Matters concerning the transfer of criminal or civil cases from one high court to another within the country. 
• Transfer of cases from regional courts to high courts. 
• Issuing of writs, orders, and/or directions of various sorts, relating to certain cases. 

Conclusion

India’s highest and final court of appeal is the Supreme Court. The Jurisdiction of the Supreme Court includes the Original, Appellate, and Advisory Jurisdiction. The jurisdiction meaning revolves around the authority of an institution to hear and make verdicts on issues and cases, at the first instance. Appellate Jurisdiction’s meaning is that it gives the authority to the Supreme Court to hear or listen to cases and matters on appeal of a lower court in the country. The advisory jurisdiction meaning the supreme court’s authority to advise the presidents of the country, when consulted. Original Jurisdiction meaning the cases or matters that are referred to the respective courts at the first instance.