The Supreme Court is at the apex of the entire system of judiciary. In this context, answer the following questions:
Explain the term Original Jurisdiction of the Supreme Court. Mention any two kinds of cases which come under this jurisdiction.
Topic: Original Jurisdiction of the Supreme Court
Answer
Original Jurisdiction means the power of the Supreme Court to hear and determine a dispute in the FIRST INSTANCE — directly, without the case having been heard in any lower court. In these matters no other court in India may hear the dispute.
Two kinds of cases: (1) Centre-State and inter-State disputes — between the Government of India and one or more States, or between two or more States. (2) Cases relating to the enforcement of Fundamental Rights, in which the Court may issue writs.
One mark for the definition and one for each kind of case. The definition must contain "first instance" — that phrase is the whole idea and is what distinguishes original from appellate jurisdiction. Note the pattern in the federal disputes: they are all between GOVERNMENTS, which is the essence of the Supreme Court’s role as a federal court.