SUPREME COURT POWERS AND JURISDICTIONS IN A DOUBT DESTROYER MANNER By Rahul Agrawa
3 PM POLITY QUIZ FOR UPSC CSE PRELIMS 2019 -By Rahul Agrawal R. AGRAWAL
Original Jurisdiction: WHAT DOES THAT MEAN? Original Jurisdiction means power of a court to hear a case for the first time. . the first time 1. Case sabse pehle yahan shuru hoga. ai yahin hogi 3. Case originates in the court. 2. Pehli Sunw
Original Jurisdiction can be of 2 types: 1. Exclusive original; [Exclusively on Ama***/XYZ/So**] ; Which means you will not find it anywhere else -Case will only go to Supreme Court No other Court has the power to decide that case. - Case can't go to other court. 2. Not Exclusive Pehle Supreme Court gaya, * But can go to other court afterwards.
NOW, NOW, NOW Supreme Court has exclusive original Jurisdiction means; "You will only go to Supreme Court nowhere else" The SC has exclusive original Jurisdiction in dispute between: Centre V/S State/states 2 V/S State/states Centre State/states
State V/S State Matlab kya? Dispute b/w 1. Centre & Kerela 2. Centre & Madhya Pradesh 3. Centre Goa & Kerela 4. Centre Andhra Pradesh & Tamil nadu Uttar Pradesh 5. Odisha + Jharkhand ALL THE ABOVE 3 ARE FEDERAL DISPUTES, 4. Whether an item is in the residuary category/not.
Observe the example 1st type 2nd type JD Court A Court A Case Case Court B Court B
EXAMPLE In 1961 West Bengal V/S Centre West Bengal Government challenged the coal Bearin Areas Act 1957 passed by arliament.
4 categories of appellate jurisdiction 01 Appeals in 02 Appeals in civil constitutional matters matters 03 04 Appeals by special Appeals in criminal matters leave
Constitutional matters: If . . certifies that a case requires interpretation of constitution & involves a substantial question of law, then based on that certificate, appeal can be made to the Supreme Court that a question has been wrongly decided
2. Writ Jurisdiction: There are 5 Writs 1. Habeas Corpus 2. Quo Warranto 3. Mandamus 4. Prohibition 5. Certiorari Supreme Court can issue this Writs for the enforcement of the fundamental rights of a citizen. But it is not exclusive. High Courts can also issue Writs.
Writ Jurisdiction of Supreme Court Writ Jurisdiction of High Court HC can issue writs not only for enforcement of fundamental right s but also for other purposes. (Legal rights) High Court can refuse to issue writs. . .SC can only issue writs for enforce ment of fundamental rights. Supreme Court can't refuse to issue writs. Because Right to constitutional remedy. . . Discretionary power SC can issue writs against a person HC can't issue writs through the /govt. throughout the territory of India. country. Within its territorial jurisdiction
The Ultimate Doubt Destroyer on Unacademy. One of the Top Educator on the Unacademy platform. Famous for Doubt destroyer series.