What is original jurisdiction of Supreme court?
Q. Which of the following fall under the original jurisdiction of Supreme court?
1) Dispute between Union and States.
2) Disputes amongst states.
3) Inter-State water disputes.
4) Centre and any state or states on one side and one or more states on the other.
5) Dispute arising out of any pre-constitution treaty, agreement, covenant etc.- Published on 03 Mar 17
a. 1, 2, 4 and 5
b. 1, 2 and 4
c. 2 and 3 only
d. All of the above
ANSWER: 1, 2 and 4
Original Jurisdiction of Supreme Court -
Supreme Court decides the disputes between -
1. the Centre and one or more states; or
2. between two or more states; or
3. the Centre and any state or states on one side and one or more states on the other.
- For these, Supreme Court has exclusive original jurisdiction.
- No other court can decide such disputes.
- Original means to hear such disputes at the first instance and not by way of appeal.
- But, the dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends.
- Questions of political nature are not included.
- Also, any suit against the Centre or a state,brought before the Supreme Court,by a private citizen cannot be entertained under this.
Original jurisdiction of the Supreme Court does not extend to the following -
(a) Recovery of damages by a state against the Centre.
(b) Matters referred to the Finance Commission.
(c) Dispute arising out of any pre-constitution treaty, agreement, covenant etc.
(d) Dispute arising out of any treaty, etc., which specifically mentions that court’s original jurisdiction will not be applicable to it.
(e) Inter-state water disputes.
(f) Adjustment of some expenses and pensions between the Centre and states.
(g) Ordinary dispute of Commercial nature between the Centre and states.
- The first suit, under the original jurisdiction of the Supreme Court, was brought by West Bengal against the Centre in 1961.