The Supreme Court possesses original, appellate, and advisory jurisdiction in India's judicial system. The exclusive Original Jurisdiction of the Supreme Court covers disputes involving the Government of India and one or more states or disputes between the Government of India and any state(s) on one side and one or more states on the other. This jurisdiction applies when the dispute relates to a legal right that depends on a question of law or fact.

Original Jurisdiction of Supreme Court is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

In this article, we shall study in detail about original jurisdiction of the supreme court, its origin, need, and significance for the UPSC exam.

The UPSC aspirants can also take the help of Testbook’s UPSC CSE Coaching to boost their UPSC Exam preparation! You can also study other major topics related to UPSC IAS Exams with Testbook!

Original Jurisdiction Of The Supreme Court

Download & Learn Important UPSC Polity Notes with this link!

What is Original Jurisdiction of the Supreme Court?

Original Jurisdiction is an exceptional jurisdiction of the Supreme Court, meaning that the Supreme Court has the only authority to hear issues concerning presidential and vice presidential elections, conflicts between states and the Centre, and instances alleging violations of basic rights. The ability to hear and decide a matter in the first instance is called original jurisdiction. 

This topic of UPSC Polity is essential for both the UPSC Prelims and Mains Exams.

What is Jurisdiction?

• The ability or authority to hear and resolve a case is called jurisdiction.
• Jurisdiction can be
  • pecuniary (power of court based on the amount of money involved in the matter)
  • territorial (power of court based on the geographical limit where the cause of action arises or offence is committed)
  • subject-wise (power of court based on a specific subject matter)
  • Original (power of court to hear a case from the beginning)
  • appellate (power of court to hear a case on appeal)

Check the Other Notes of Polity for Competitive Exams here.

Original Jurisdiction of the Supreme Court in India

Original jurisdiction in a court means it can hear a case first. Offenses under the Indian Penal Code are tried by specific courts listed in the First Schedule of the Code of Criminal Procedure (CrPC). Lower courts have sentence limits; cases may move to higher-grade courts. A High Court handles criminal cases only if lower courts lack jurisdiction. High courts, session judges, and extra session judges can impose legal penalties if the high court confirms a death sentence from the court of session. Civil suits are usually filed in the lowest competent court, aiming to keep higher courts manageable.

Learn about Advisory Jurisdiction of the Supreme Court here.

What kind of matters does the Supreme Court have Original Jurisdiction Over?

• The Supreme Court has original jurisdiction over any dispute involving an issue of law or fact on which the existence of a legal right hinges. The following are examples of disagreements:
  • between the central government of India and one or more states;
  • between the Indian government and any state/states on one side and one or more states on the other;
  • between two or more states

What is the need for Original Jurisdiction in such cases?

• The power in India is divided between the central government and the state governments, according to the Indian constitution.
• However, there may be disagreements about how the federal structure should be interpreted.
• The Supreme Court of India serves as an arbitrator in such cases.

Study Important Articles of the Constitution of India here.

What is Appellate Jurisdiction?

In India, appellate jurisdiction refers to the authority of higher courts to review and revise decisions made by lower courts. The Supreme Court of India has the highest appellate jurisdiction in the country. It can hear appeals from judgments, orders, or decrees of any court or tribunal in India. The High Courts also possess appellate jurisdiction over lower courts within their respective states. Appellate jurisdiction allows parties dissatisfied with a lower court's decision to have their case reviewed and potentially overturned or modified by a higher court.

What is Advisory Jurisdiction?

Advisory jurisdiction refers to the authority of a court to provide advisory opinions or advice on legal matters referred to by the President or the Governor. In India, the Supreme Court has advisory jurisdiction under Article 143 of the Constitution. This means that the President or the Governor can seek the opinion of the Supreme Court on any matter of public importance or a question of law. However, the court's opinion is not binding and does not have the force of law. The purpose of advisory jurisdiction is to provide guidance on legal issues and assist in decision-making by the executive branch of the government.

Also, read the article on Proportional Representation with this link!

Court of Record

• A court of record is one whose acts and proceedings are recorded for future reference and evidence. These records are utilised with great authority, and their veracity cannot be questioned.
• Article 129 of the Indian constitution designates the Supreme Court as the “court of record.”
• According to Article 129, the Supreme Court shall be a court of record. The Supreme Court shall be a court of record with all the powers of such a court, including the right to punish itself for contempt.
• Article 215 designates the state High Courts as courts of record. The major reason for retaining these documents is to follow the precedent faithfully.
• The items listed below are acknowledged as legal precedents and legal references.
• The Supreme Court can penalize contempt of court with simple six-month imprisonment, a fine, or both.
• The Court of Record indicates that all court decisions are documented and freely accessible.

Contempt of Court

• Contempt of court is a legal offence committed by someone who disobeys a judge or otherwise interrupts the legal process.
• Contempt of court is divided into two categories: criminal and civil, and direct and indirect.
• A judge may impose sanctions such as a fine, prison time, or community service for someone guilty of contempt of court, making it a procedural crime.
• Article 129 of the Constitution empowers the Supreme Court to commence contempt proceedings independently, irrespective of the AG’s move or with the AG’s permission.
• Contempt of court can be penalized with simple imprisonment for up to six months, a fine of up to two thousand rupees, or both under Section 12 of the Contempt of Court Act, 1971.

Know more about Parliamentary System in India here.

Relevant Provisions

• Articles 129 and 215 of the Indian Constitution enable the Supreme Court and High Court, respectively, to penalise anyone for contempt.
• The power of the High Court to punish contempts of its subordinate courts is defined in Section 10 of the Contempt of Courts Act of 1971.
• Article 19 of the Constitution specifies contempt of court as a justified restriction on freedom of speech and expression, public order, and defamation.

What are the Limitations of Original Jurisdictions?

• If the disagreement involves any issue on which the existence or extent of a legal right is contingent:
  • The aforementioned jurisdiction shall not apply to any dispute from a treaty, agreement, covenant, engagement, or sanad.
  • Other comparable instruments entered into or completed before the beginning of this Constitution and continued in effect after such commencement.
  • The case explicitly indicates that the aforementioned jurisdiction does not apply to such a dispute.
• The Supreme Court’s original jurisdiction excludes the following:
  • A dispute arising out of any treaty, agreement, covenant, engagement, or other similar instrument executed prior to the commencement of the constitution and which is still in force or which provides that the Supreme Court’s jurisdiction does not extend to such a dispute.
• The parliament may limit the Supreme Court’s jurisdiction in disputes involving using, distributing, or controlling any interstate river’s water.
• Private individuals have filed lawsuits against the Indian government.

Article 131 Of the Indian Constitution

• Subject to the provisions of this Constitution, the Supreme Court shall have exclusive jurisdiction over any dispute.
  • Between the Government of India and one or more States.
  • On one side, the Government of India and any State or States, and on the other, one or more other States.
  • Between two or more States.
• As a result, Article 131 permits a state to bring a complaint before the Supreme Court in the event of a conflict with the central government, using the court’s “original jurisdiction.”

What is the Scope of Article 131?

• Article 131 of the Indian Constitution grants the Supreme Court original jurisdiction in certain exceptional cases.
• This jurisdiction, however, does not apply to a dispute originating from a treaty, agreement, or other document that is now in effect and precludes such jurisdiction.
• If the matter is justiciable, the jurisdiction is quite broad.
• The objective of the framers of the Constitution is that such issues should be referred to only some levels of the judicial system but should be resolved once and for all before the nation's highest court.
• A dispute must be between states and the Centre to qualify as a dispute under Article 131, and it must include an issue of law or fact on which the existence of a legal right of the state or the Centre rests.
• Suppose the Supreme Court is satisfied that cases are pending before it and one or more High Courts or two or more High Courts and that the questions are substantial and of general importance. In that case, the Supreme Court may withdraw a case or cases pending before the High Court or High Courts and decide all such cases.
• Under the Arbitration and Conciliation Act of 1996, international commercial arbitration can also be brought before the Supreme Court.

Learn what are the Differences between Act and Law here.

What is the Significance of Article 131?

• Under this clause, a state government cannot petition the court since only people and citizens can assert basic rights.
• The challenge is raised under Article 131 when a state’s or the Centre’s rights and power are in dispute.
• However, the relief sought by the state (under Article 131) and petitioners (under Article 32) in the CAA case is the same – a determination that the statute is unconstitutional.
• Despite previous decisions holding that the legality of a statute can be tested under Article 131, a 2011 decision in the matter of State of Madhya Pradesh v. Union of India decided otherwise.

Know about Juristic Person here.

Can the Centre Sue a State Under Article 131 as well?

• The Centre has the authority to instruct a state to carry out the legislation passed by the Parliament.
• Other authorities are available to the Centre to guarantee that its laws are carried out.
• If states do not comply with the directives, the Centre may petition the court for a permanent injunction to compel them to comply with the legislation.
• Noncompliance with court orders can result in contempt, and the court would generally summon the chief secretaries of the states in charge of enforcing laws.

Original Jurisdiction of the Supreme Court: Download PDF Here!

Testbook is an online learning platform that can be used to prepare for any competitive exam. Participants in live coaching sessions, current affairs sessions, and exams available on our Testbook App can enhance their preparedness. It’s time to download the Testbook App Download Now!