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Jurisdiction of Supreme Court and High Court

The word writ refers to the formal orders which are written by any juridical, executive, or the person in the authority, nowadays these are written by juridical.

Introduction

The writ jurisdiction is the order or the policies written by the various administrative powers or juridical. The writ juridical is made for the public of the country or regions to make the reforms in their development. The Writ is considered the instrument which can be used by the court to make the official act as per the constitution. The writ can help in reforming the fundamental rights of every citizen of the nation. The writs which support the fundamental rights in India are “Habeas Corpus, Mandamus, Prohibition, Certiorari and the Quo-Warranto”. The writ jurisdiction is made by the high court and the Supreme Court to make the laws against unlawful detentions. 

Jurisdiction

Jurisdiction is a word derived from the Latin word “Juris and dicere” where the word Juris means laws and the dicere means speak. Jurisdiction can be referred to as the power and the right of either legal or political agency in exercising their authority over the different people or any subject manner. The jurisdiction can be made over the different territories related to the laws and the constitutional work. The jurisdiction can be of different types based on the power of the courts used in the different parts. 

The Jurisdiction can be  

  • Pecuniary – Related to the power of the court within the monetary limit
  • Territorial – Referring powers of the court in terms of the geographical limit 
  • Subject matter – Refers to the court’s power related to any particular subject which is within the court’s power of jurisdiction
  • Exclusive – This refers to the power of court when the contract is made between parties and later they face any dispute then the court takes the place in his command
  • Concurrent – Refers to the power of two or more courts under the same jurisdiction to suit the agreement
  • Appellate – This is the power of the court to decide whether the further appeal is made after the sub-court decisions.
  • Original – The right of the powers of the courts to make the decisions in any matter at first instance
  • Special – The power which is used to suit the various natures under any case or the issues
  • Legal – The right or the powers of the courts provided by the constitution or the statutes
  • Extending – The courts will make the effort in interpreting the cases and describe the jurisdiction in the different cases

Jurisdiction of the high court 

The high court also has several powers in hearing various disputes first and then making the decisions to resolve the disputes. This party or jurisdiction in the resolving of disputes at the level of the high court is called original jurisdiction. In the original jurisdiction, the high court also has the right to make the decision based on matters enforcers of human rights. The original jurisdictions usually deal with the matters related to marriage, admiralty, company laws, divorces, will, and the court’s contempt.  The jurisdiction of high courts can also be seen in the MLAs elections as well as MPs elections in the different regions. 

The laws made in providing the rights to the high court’s in developing the constitution work by solving the issues based on ground level in the state.  “Article 226” helps in empowering the high court with the jurisdiction to enforce the fundamental human rights within the territory of their jurisdiction. The high court has the powers over all the courts and the various tribunals under his territorial jurisdiction.

Jurisdiction of the Supreme Court 

The jurisdictions of the supreme courts involve the original, with the appellate as well as the advisory. The supreme court of the county deals with the disputes between the governments of the country about any issues. The disputes between the government of the country with any state, or the disputes between two or more states. The disputes which are not solved by the high courts of the different regions and emerge as national issues than the supreme courts make the effort in solving these issues. “Article 32” in the constitution of India makes the Supreme Court’s jurisdiction extensive for fundamental human rights enforcement. It helps in making the writ so, loves the various issues based on the different types of writ discussed earlier. Under the various jurisdictions of supreme courts are also allowed to make international laws for solving various international issues. The jurisdiction of appealing by the high court is also made in the Supreme Court; the appeal can be of different issues. Appeals related to criminal cases or civilian laws are made by the high courts of different states to the Supreme Court.

Conclusion

The discussion over the different jurisdictions made by the authorities in the different parts of the constitution helped in concluding. It has been concluded that the supreme courts and the high court are equally important to solve disputes. The disputes are making the issues for the fundamental rights of the citizen. The functioning of the high court and the supreme court accordingly in solving the issues whether it is based on the territorial or the personal disputes or not. The functioning of the Supreme Court to solve the disputes of government with the states has also been discussed.