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Original Jurisdiction Polity Notes for UPSC

of the Supreme Court Exams

Original Jurisdiction is an exceptional original jurisdiction of the Supreme Court which means 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 referred to as original jurisdiction. The
Supreme Court has been granted exclusive original jurisdiction over issues involving

• the Indian government and one or more states,

• on one side, the Government of India and one or more states, and on the other, one or more
states, and
• two or more States.

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

Check the Other Notes of Polity for Competitive Exams here.

What is the definition of original jurisdiction?

• A court's original jurisdiction refers to its ability to hear a matter initially. Offenses under the Indian
Penal Code are triable by the courts listed in the First Schedule to the Code of Criminal Procedure
(CrPC).
• The amount of sentence that may be passed by courts of chief judicial magistrate, judicial
magistrate of the first class, metropolitan magistrate, and judicial magistrate of the second class
is limited, therefore the case is referred to higher grade courts.
• A High Court has original criminal jurisdiction only if the lower courts are not authorised by law to
hear such cases due to a lack of jurisdiction.
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• High courts, session judges, and extra session judges have the authority to impose any penalty
authorised by law, as long as the death sentence imposed by the court of session is affirmed by
the high court.
• Suits in civil issues are usually filed in the court of the lowest grade that is competent to hear
them. Although higher-level courts can hear any case, the goal is not to overwhelm them.

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:
o between the central government of India and one or more states;
o between the Indian government and any state/states on one side and one or more states
on the other;
o 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.

Article 131 Of Indian Constitution

• Subject to the provisions of this Constitution, the Supreme Court shall have exclusive jurisdiction
over any dispute
o
▪ 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.

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• The objective of the framers of the Constitution is that such issues should not be referred to many
levels of the judicial system, but should be resolved once and for all before the highest court of
the nation.
• A dispute must be between states and the Centre in order 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.
• If 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, the
Supreme Court may withdraw a case or cases pending before the High Court or High Courts and
decide all such cases itself.
• 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 does the term 'State' Mean?

• Although Article 131 discusses state issues, the word 'State' does not have the same meaning as
it does in Article 12 of the Indian Constitution.
• Many organisations can qualify as states under Article 12 provided they meet the six requirements
outlined in the Ajay Hasia v Khalid Mujib Case.
• As a result, private parties are not included in the cases decided by the Supreme Court under
Article 131.
• As a result, under Article 131 of the Constitution, the court cannot hear a disagreement between
a private party and the government on the other side.
• In State of Bihar v Union of India, the State Government brought a lawsuit against the Central
Government on behalf of the Railways and a business that was designated Article 12 of the Indian
Constitution designates India as a state.
• However, the court ruled that the lawsuit could not be brought under Article 131 jurisdiction since
the term "State" did not cover any private individual, corporation, or Government department,
even if it had filed a complaint alongside any State Government.

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.

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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 of court, and the court would generally
summon the chief secretaries of the states in charge of enforcing laws.

Conditions to appeal in the Supreme Court in Civil Cases

• Any judgement, decree, or final order made by a High Court in a civil process may be appealed if
the High Court certifies that the case contains a substantial question of law of public significance
and that, in the High Court's view, the said question warrants determination by the Supreme Court.
• However, no appeal can be filed against a single judge bench decision, decree, or final order of
the High Court.
• One of the reasons for the appeal might be that a key issue of law pertaining to the interpretation
of the Constitution was determined incorrectly.

Conditions to appeal in the Supreme Court in Criminal

Cases
• An appeal lies to the Supreme Court in criminal cases if the High Court
o on appeal reversed an order of acquittal of an accused person and sentenced him to death
or imprisonment for life or for a period of not less than ten years, or
o withdrawn for trial before itself any case from any Court subordinate to its authority and
convicted the accused and sentenced him to death or imprisonment for life or for a period
of not less than ten years.
• Parliament has the authority to provide the Supreme Court additional powers to consider and hear
appeals.

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 called into
question.
• 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 ensure that the precedent is followed faithfully.
• The items listed below are acknowledged as legal precedents and legal references.
• The Supreme Court has the authority to penalize contempt of court with a simple six-month
imprisonment, a fine, or both.
• Court of Record indicates that all of the court's decisions are documented and freely accessible.

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Contempt of Court
• Contempt of court is a legal offence committed by someone who disobeys a judge or otherwise
interrupts the legal process in court.
• 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
found guilty of contempt of court, making it a procedural crime.
• Article 129 of the Constitution empowers the Supreme Court to commence contempt proceedings
on its own, irrespective of the AG's move or with the AG's permission.
• Contempt of court can be penalized with simple imprisonment for a term of up to six months, a
fine of up to two thousand rupees, or both under Section 12 of the Contempt of Court Act, 1971.

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, along with aspects such as 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:
o The aforementioned jurisdiction shall not apply to any dispute originating from a treaty,
agreement, covenant, engagement, or sanad.
o Other comparable instruments entered into or completed prior to the beginning of this
Constitution and continued in effect after such commencement.
o The case explicitly indicates that the aforementioned jurisdiction does not apply to such a
dispute.
• The Supreme Court's original jurisdiction excludes the following:
o 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 the use,
distribution, or control of any interstate river's water.
• Private individuals have filed lawsuits against the Indian government.

The UPSC civil services examinations include a Topic on Original Jurisdiction of the Supreme Court in
the Syllabus of Polity section.

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