The High Courts of India are the highest courts of appeal in each state. With reference to the High Courts of India, answer the following questions:
What is meant by the term Original Jurisdiction of the High Court? Mention any two cases which fall under this jurisdiction.
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, rather than on appeal from a 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) Disputes relating to the election of members of Parliament and of the State Legislature (also cases concerning revenue, wills, divorce and admiralty, and cases transferred from a lower court involving a question of law).
One mark for the definition and one for each case. The definition must contain the words "first instance" or "directly" — that is the whole idea, and it is what distinguishes original from appellate jurisdiction. Naming the five writs is worth doing if you have room; it turns a general answer into a precise one and the writs are examinable in their own right.