Original jurisdiction in the context of the Indian judiciary refers to the authority of a court to hear and decide cases in the first instance, rather than on appeal. The original jurisdiction of a court allows it to entertain cases that originate directly in that court, without any previous hearing in lower courts.
1. Supreme Court’s Original Jurisdiction:
- Article 131 of the Constitution: The original jurisdiction of the Supreme Court is defined under Article 131. It empowers the Supreme Court to hear and decide disputes between:
- The Government of India and one or more States.
- The Government of India and any State or States on one side and one or more States on the other.
- Two or more States, if the President refers the dispute to the Supreme Court.
- Nature of Disputes: These disputes typically involve questions of law and fact that require the interpretation of the Constitution or a treaty or involve other legal provisions.
- Exclusive Jurisdiction: The Supreme Court’s jurisdiction under Article 131 is exclusive and cannot be exercised by any other court in India.
2. High Courts’ Original Jurisdiction:
- Article 226 of the Constitution: High Courts also have original jurisdiction under Article 226. This jurisdiction allows High Courts to issue writs for the enforcement of fundamental rights and for other purposes.
- Nature of Cases: High Courts, through their original jurisdiction, can entertain cases related to violations of fundamental rights, matters of public interest, and issues requiring immediate judicial intervention.
- Writs Issued: The writs that can be issued include habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
- Public Interest Litigation (PIL): High Courts often use their original jurisdiction to address public interest litigation, ensuring justice for individuals and groups who may not directly approach the court.
3. Tribunals and Other Authorities:
- Certain tribunals and quasi-judicial authorities may also have original jurisdiction in specific matters assigned to them by law. For example, the National Green Tribunal has original jurisdiction to hear cases related to environmental issues.
4. Presidential Reference:
- The President of India, under Article 143 of the Constitution, can seek the opinion of the Supreme Court on questions of law or fact that have arisen or are likely to arise.
5. Importance and Significance:
- Original jurisdiction is crucial for the resolution of complex disputes involving constitutional issues, inter-governmental disputes, and matters that directly impact fundamental rights.
6. Legal Precedents:
- Decisions made under the original jurisdiction of the Supreme Court and High Courts set legal precedents, guiding future cases and contributing to the development of jurisprudence.
7. Procedure and Practice:
- The procedure and practice for cases falling under the original jurisdiction of the Supreme Court and High Courts are governed by the respective rules and procedures prescribed by these courts.
Understanding original jurisdiction is fundamental to comprehending the functioning of the Indian judiciary, particularly the role played by the Supreme Court and High Courts in adjudicating significant disputes and protecting constitutional rights. It ensures that certain matters of national importance and disputes between different entities are directly addressed by the highest courts in the country.
