With reference to the Supreme Court, answer the following:
Explain the cases in which the Supreme Court enjoys Original Jurisdiction.
Topic: Original Jurisdiction of the Supreme Court
Answer
Original Jurisdiction means the power to hear a case DIRECTLY, in the first instance, without its having been heard in any lower court. In these matters no other court in India may hear the dispute.
The cases are: (1) Disputes between the GOVERNMENT OF INDIA AND ONE OR MORE STATES. (2) Disputes between the Government of India and one or more States on one side and one or more other States on the other. (3) Disputes BETWEEN TWO OR MORE STATES. (4) Cases relating to the ENFORCEMENT OF FUNDAMENTAL RIGHTS, in which the Court may issue the writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari under Article 32.
Four marks: one for the definition and one for each kind of case. The definition must contain "first instance" — that is what separates original from appellate jurisdiction. Notice the pattern in the first three: all are disputes between GOVERNMENTS, which is the essence of the Supreme Court’s role as a FEDERAL court. The Fundamental Rights head is the fourth and brings in the five writs — worth naming them, as they are examinable in their own right.