Jurisdiction- Original, Appellate and Advisory

Jurisdiction means the extent of the power of the court to entertain and also try suits, appeals and applications. In its technical sense, it means the extent of the authority of a court to administer justice not only with reference to the subject-matter of the suit but also to the local and pecuniary limits of its jurisdiction.

Administration of justice is the most important function of the state. For this purpose our constitution has set up a various classes of courts. The Supreme Court is the apex body, followed by 24 High Courts which have been created by the constitution of India, and their jurisdiction and powers are well defined in the constitution itself.

Jurisdicion of Supreme Court:

The Supreme Court has original, appellate and advisory jurisdiction.

Original Jurisdiction:

 It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.

It means that applicant can directly go to High Court and not by means of appeals

• Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.
• In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights.
• It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.

Appellate Jurisdiction:

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.

 Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies :

(a) that the case involves a substantial question of law of general importance, and

(b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

In criminal cases, an appeal lies to the Supreme Court if the High Court

(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or

(b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or

(c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.

The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgement, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.

Advisory Jurisdiction:

The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.

There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold (Control) Act, 1968. Appeals also lie to the Supreme Court under the Representation of the People Act, 1951, Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961, Contempt of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement of Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in Securities Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and Consumer Protection Act, 1986. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.

Jurisdiction of High Court:

Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such Government or authority or residence of such person is not within those territories.

1)     Original Jurisdiction:

it means that applicant can directly go to High Court and not by means of appeals. This power is used in the following matters :

• Disputes arising out of relating to members of Parliament and state legislative assembly
• Relating to marriage, law, admiralty divorce, contempt of court etc
• Enforcement of fundamental rights
• Cases transferred from other court to itself which involves a question of law.
• Article 226  empower to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.

2)     Appellate Jurisdiction:

It is said that the high court is the primary court of appeal i.e. it has power to hear the appeals against the judgment of the subordinate courts within its territories. This power can be classified in to 2 categories-Civil jurisdiction and Criminal jurisdiction

In civil cases its jurisdiction includes to the orders and judgments of the district courts, additional district courts and other subordinate courts.

In criminal cases its jurisdiction includes judgments relating to sessions courts and additional sessions court. These cases should be involving imprisonment for more than 7 years, confirmation of any death sentence awarded by session court before execution

Jurisdiction of lower courts:

The District Courts of India are the district courts of the State Government of India for every district or for one or more districts together taking into account of the number of cases, population distribution in the district. They administer justice in India at a district level.

The highest court in each district is that of the District and Sessions Judge. This is the principal court of original civil jurisdiction besides the High Court of the State and which derives its jurisdiction in civil matters primarily from the code of civil procedure. The district court is also a court of sessions when it exercises its jurisdiction on criminal matters under the Code of Criminal procedure.

However, the district judge has supervisory control over additional and assistant district judges, including decisions on the allocation of work among them. The district and sessions judge is often referred to as "district judge" when presiding over civil matters and "sessions judge" when presiding over criminal matters.

The district judge is also called "metropolitan session judge" when presiding over a district court in a city which is designated "metropolitan area" by the state. Other courts subordinated to district court in the metropolitan area are also referred to with "metropolitan" prefixed to the usual designation. An area is designated a metropolitan area by the concerned state government if population of the area exceeds one million or more.