History & Civics
Write short notes on:
(a) Appellate Jurisdiction.
(b) Original Jurisdiction.
(c) Advisory Jurisdiction.
Supreme Court
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Answer
(a) Appellate Jurisdiction — It means the powers to grant special leave to appeal against the judgement delivered by any court in the country. Under this jurisdiction, a court may change the decision or reduce the sentence passed by the lower courts. The Supreme Court is the final court of appeal. The appellate jurisdiction of a High Court extends to both civil and criminal cases.
(b) Original Jurisdiction — Original Jurisdiction means the power to hear a dispute in the first instance. The Original Jurisdiction of the Supreme Court includes:
- Disputes between Government of India and one or more States.
- Disputes between two or more States.
- Cases of violation of the Constitution by the government.
- Violation of fundamental rights of citizens.
The Original Jurisdiction of the High Court extends to following cases:
- Cases regarding wills, divorce, marriage, Contempt of Court, etc.
- It has the power to interpret the Constitution. This is known as the power of Judicial Review.
- It has the power to enforce the fundamental rights by using writs. cases regarding wills, divorce, marriage and Contempt of Court. It has the Power to interpret the Constitution.
(c) Advisory Jurisdiction — The President may obtain the opinion of the Supreme Court on a question of law or fact which is of public importance. The opinion is however, only advisory, which the President is free to follow or not to follow. High Court can advice any government department, legislature or the Governor, if they seek it, on matters of law.
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