The Constitution of India provides for a High Court for each State. With reference to the High Courts and Subordinate Courts, answer the following questions:
What is meant by the Original Jurisdiction of a High Court? Mention any two cases which come under it.
Topic: Original Jurisdiction of the High Court
Answer
Original Jurisdiction means the power of the High Court to hear certain cases DIRECTLY, in the first instance, without their having been heard in any lower court.
Two such cases: (1) Cases relating to the enforcement of Fundamental Rights, in which the High Court may issue the writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. (2) Cases relating to State revenue and its collection; and matters of marriage, divorce, wills, contempt of court and admiralty, and disputes over the election of members of Parliament and the State Legislature.
One mark for the definition and one for each case. The definition must contain "first instance" or "directly" — that phrase is the whole idea and distinguishes original from appellate jurisdiction. Naming the five writs turns a general answer into a precise one, and the writs are examinable in their own right.