law

1. Ramandeep Kaur
Assistant Professor(Law),
Centre for Legal Studies,
Gitarattan International Business School
Jurisdiction of the Courts

2. Jurisdiction of Supreme Court
• As conferred by Articles 124 to 147 of Indian Constitution, the jurisdiction
and composition of the Supreme Court is being fixed. This court is
primarily of the status of appellate court. This court is accepting the
appeals of cases which are being heard in the High courts situated in
different states and union territories with dissatisfaction of related parties.
This court also accepts writ petitions with the suspected occurrence of
activities which may infer about violation of human rights and subsequent
petitions are accepted to hear and judge the consequences of such
happenings.
• These types of petitions are accepted under Article 32 of Indian
constitution. This article confers the right to ensure remedies through
constitution. This court also hears about such serious issues which need to
be attended with immediate attention[4].

5. Jurisdiction of Supreme Court
• Original Jurisdiction
• Without going to the lower courts, the Supreme Court can directly consider the
cases between the central government and state governments. The Supreme
Court has the sole power to deal with some cases. That is why it is called the
original jurisdiction. Such cases are not dealt with by the High Courts or the lower
courts.
• As per the Constitution, the disputes are settled and the Supreme Court makes
the interpretation of the power of the Union and State Government.
• The Supreme Court acts as an umpire in all disputes about federal matters.
• In any federal country, legal disputes are bound to arise:
• Between the Union and the States and
• Among the States themselves

6. Jurisdiction of Supreme Court
• Writ Jurisdiction
• If the fundamental right of any person has been violated, he/she can directly move the Supreme Court for
remedy. The Supreme Court gives special orders, called writs. The High Courts also issue writs, but the
persons whose rights are violated can either approach the High Court or the Supreme Court directly.The
Court orders the executives to act or not to act in a particular way through writs.
• Appellate Jurisdiction
• The highest court of appeal in Supreme Court:
• A person can challenge the decision of the High Court in the Supreme Court against the findings of the High
Court.The High Court must certify that the case is fit for appeal and it involves a severe matter of
interpretation of law or Constitution.
• In criminal cases
• An appeal can be made to the High Court or Supreme Court against the death sentence declared by any
other lower court.When appeal is not allowed by the High Court, the Supreme Court decides whether to
admit appeals.The Supreme Court can change the ruling and also give a new interpretation of the provision
involved, if the court finds that the law or the Constitution has a different meaning from what the lower
courts understood.The appellate jurisdiction is also present in the High Courts over the decisions given by
courts below them.

7. Jurisdiction of Supreme Court
• Advisory Jurisdiction
• Advisory jurisdiction: The President of India can seek opinion with any issues that involve
interpretation of the public of the Constitution of the Supreme Court for advice. It is not
mandatory for the Supreme Court to give advice on such matters and the President is
also not bound to accept such advice. Benefit of the advisory powers of the Supreme
Court:
• Prevent unwanted litigation: The government can seek legal opinion on a matter of
importance before acting on it. Suitable changes can be made in its action or legislation
as per advice.
• Other Powers
• Unified nature of Judiciary: Decisions made by the Supreme Court are binding on all
other courts within the territory of India. Orders can be enforced throughout the country
once it is passed by it. The Supreme Court itself is not bound by its decision and can at
any time review it. In case of contempt of the Supreme Court, the Supreme Court itself
decides such a case.

8. Jurisdiction of High Court
• The High Court is the highest court of appeal in the state vested with the power to
interpret the Constitution. It is the protector of the Fundamental Rights of the citizens.
Besides, it has supervisory and consultative roles. However, the Constitution does not
contain detailed provisions with regard to the jurisdiction and powers of a high court.
• At present, the following jurisdictions are enjoyed by a High Court-
• Original jurisdiction
• Writ jurisdiction
• Appellate jurisdiction
• Supervisory jurisdiction
• Control over subordinate courts
• A court of record
• Power of judicial review

9. The Jurisdiction of Highcourt are as mentioned
below –
• Original Jurisdiction – In such kind of cases the applicant can directly
go to the High Court and does not require to raise an appeal. It is
mostly applicable for cases related to the State Legislative Assembly,
marriages, enforcement of fundamental rights and transfer cases
from other courts.
• Power of Superintendence – It a special power enjoyed only by High
Court and no other subordinate court has this power of
superintendence. Under this, the High Court holds the right to order
its subordinate offices and courts the way of maintaining records,
prescribe rules for holding proceedings in the court and also settle
the fees paid to sheriff clerks, officers and legal practitioners.

10. • Power of Judicial Review – This power of High Court includes the power to
examine the constitutionality of legislative and executive orders of both
central and state government. It is to be noted that the word judicial
review is nowhere mentioned in our constitution but the Article 13 and
226 explicitly provide High Court with this power.
• Writ Jurisdiction of High Court – Article 226 of the Constitution empowers
a high court to issue writs including habeas corpus, mandamus, certiorari,
prohibition, and quo warranto for the enforcement of the fundamental
rights of the citizens and for any other purpose. Read in detail about the
following –
• Habeas Corpus
• Writ of Mandamus

11. • Court of Record – It involves recording the judgments, proceedings and acts of
high courts for perpetual memory. These records cannot be further questioned in
any court. It has the power to punish for contempt of itself.
• Control over Subordinate Courts – This is an extension of the supervisory and
appellate jurisdiction. It states that the High Court can withdraw a case pending
before any subordinate court if it involves the substantial question of law. The
case can be disposed of itself or solve the question of law and return back to the
same court.
• Appellate Jurisdiction – This is for cases where people have risen a complaint
about a review of the judgement given by the district level or subordinate court
of that territory. This power is further divided into two categories:
• Civil Jurisdiction – this includes orders and judgements of the district court, civil district court
and subordinate court
• Criminal Jurisdiction – this includes judgements and orders of the sessions court and
additional sessions court.

12. • The phrase ‘for any other purpose’ refers to the enforcement of
an ordinary legal right. The high court can issue writs to any person,
authority and government not only within its territorial jurisdiction
but also outside its territorial jurisdiction if the cause of action arises
within its territorial jurisdiction (15th Constitutional Amendment Act
of 1963).
• In the Chandra Kumar case (1997), the Supreme Court ruled that the writ
jurisdiction of both the high court and the Supreme Court constitute a part of
the basic structure of the Constitution. Hence, it cannot be ousted or
excluded even by way of an amendment to the Constitution.
• In Shah Faesal’s Case, his case is justified because the cause of action
happened in Delhi and then he was taken to outside the territory of Delhi.

13. Thankyou