The judiciary is the system of courts that interprets and guards the Indian Constitution. With reference to the Supreme Court of India, answer the following:
What is meant by the term Original Jurisdiction? Mention any three 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 certain cases DIRECTLY, in the first instance, rather than on appeal from a lower court. In these matters no other court in India may hear the dispute.
Three such cases: (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; and 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.
Four marks: one for the definition and one for each of three cases. The definition must contain "first instance" or "directly" — that is the whole idea, and it is what separates original from appellate jurisdiction. Note the pattern in the three federal disputes: they are all between GOVERNMENTS, which is the essence of the Supreme Court’s original jurisdiction as a federal court. The Fundamental Rights cases are the fourth head and the one most worth adding, since it brings in the five writs.