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What is Original Jurisdiction?

12-May-2025
Supreme Court

Answer By law4u team

Original Jurisdiction refers to the authority of a court to hear a case for the first time, as opposed to reviewing a lower court's decision (which is appellate jurisdiction). In India, the concept of original jurisdiction is defined mainly in the context of the Supreme Court and the High Courts. 1. Supreme Court's Original Jurisdiction (Article 131 of the Constitution): The Supreme Court has exclusive original jurisdiction in disputes involving: - The Government of India and one or more states - Two or more states This does not include disputes arising out of treaties or agreements in operation before the Constitution. 2. High Courts' Original Jurisdiction: Some High Courts (like Bombay, Calcutta, Delhi, Madras) have original jurisdiction in both: - Civil cases (above a certain pecuniary value) - Writ jurisdiction under Article 226 to enforce fundamental rights and other legal rights. 3. Other Instances: - The Supreme Court also has original jurisdiction under Article 32 to enforce Fundamental Rights directly. - Trial courts (like District Courts) also exercise original jurisdiction when they try civil or criminal cases for the first time. In short, a court has original jurisdiction when a case begins there and not by way of appeal.

Answer By Ayantika Mondal

Dear Client, The original jurisdiction of the Supreme Court of India refers to its authority to hear certain types of cases directly, without them being first heard in any lower court. This jurisdiction is primarily outlined in Article 131 of the Indian Constitution. Under Article 131 of Indian Constitution the Supreme Court have original jurisdiction in any dispute— between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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