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History & Civics

The Country's judicial system has a Supreme Court at its apex. It has an extensive Jurisdiction. In this context discuss the following:

(a) Its Original Jurisdiction

(b) Its Appellate Jurisdiction

Supreme Court

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Answer

(a) The Original Jurisdiction extends to those cases in which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction entertains suits in the following cases:

  1. A dispute between the Government of India and one or more States.
  2. Disputes between two or more States.
  3. A dispute between the Union and any State on one side and other States on the other.
  4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. This Jurisdiction is not exclusive, because High Courts also issue writs to enforce rights.
  5. Original jurisdiction extends to such other cases in which an interpretation of the Constitution is involved.

(b) The Supreme Court is the final Court of Appeal. An appeal lies to the Supreme Court from any judgement or final order of a High Court in India. The appellate jurisdiction extends to the following cases:

  1. Constitutional Cases — On matters involving interpretation of the Constitution the Supreme Court has the last word to say.
  2. Civil Cases — Appeals in civil matters lie to the Supreme Court, if the High Court certifies
    (a) that the case involves a substantial question of law of general importance,
    (b) that the question needs to be decided by the Supreme Court. There is no bar on Supreme Court's power to grant special leave to appeal in suitable cases.
  3. Appeals in Criminal Matters — There are two ways in which an appeal in criminal matters may be brought before the Supreme Court.
    (i) Without a Certificate of the High Court
    (ii) With a Certificate of the High Court

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