What power does the original jurisdiction of the court?
The scope of powers of Supreme Court to hear and decide cases is called its jurisdiction. The Supreme Court has three types of jurisdictions namely original, appellate and advisory. However, this jurisdiction does not extend in the following situations: Writ Jurisdiction: Appellate jurisdiction: It appears appeals against the judgment of lower courts. It enjoys a wide appellate jurisdiction Appeals in civil cases Appeals in criminal cases: An appeal may be brought to the Supreme Court against a High Court decision in a criminal case in a number of situations. Appeals in constitutional cases Appeal by special leave: SC is authorized to grant in its discretion special
leave to appeal from any judgment in any matter passed by any court or tribunal in the country (except in the case of military tribunal). Some of the aspects related to this power are:
Advisory jurisdiction:The Constitution under Article 143 authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:
Court of Record
Contempt of Court: While the basic idea of a contempt law is to punish those who do not respect the orders of the courts, in the Indian context, contempt is also used to punish speech that lowers the dignity of the court and interferes with the administration of justice. Contempt of court can be of two kinds:
Relevant provisions: Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt. Section 10 of The Contempt of Courts Act of 1971 defines the power of the High Court to punish contempts of its subordinate courts. The Constitution also includes contempt of court as a reasonable restriction to the freedom of speech and expression under Article 19, along with elements like public order and defamation. Why courts need contempt powers?
Issues with Contempt Law: Article 19(1)(a) of the Constitution gives the right to freedom of speech and expression to all citizens, while “contempt provisions” curb people’s freedom to speak against the court’s functioning. The law is very subjective which might be used by the judiciary arbitrarily to suppress their criticism by the public. Analysis of Bhushan’s case: The suo motu contempt proceedings initiated by a bench of the Supreme Court against Mr. Bhushan constitutes an abuse of the court’s contempt jurisdiction, which—for good reason—is to be exercised sparingly and with circumspection. It is because, according to some experts, there is nothing in Mr. Bhushan’s tweets that qualify as contempt of Court.
What needs to be done? Besides needing to revisit the need for a law on criminal contempt, even the test for contempt needs to be evaluated.
Judicial review Judicial review is the power of Judiciary to review any act or order of Legislative and Executive wings and to pronounce upon the constitutional validity when challenged by the affected person. The power of Judicial Review comes from the Constitution of India itself (Articles 13, 32, 136, 142 and 147 of the Constitution).
Judicial activism:It can be defined as a philosophy of judicial decision making where by judges allow their personal views regarding a public policy instead of constitutionalism. Judicial activism: Positives
Demerits: Judicial activism
Each organ of our democracy must function within its own sphere and must not take over what is assigned to the others. Judicial activism must also function within the limits of the judicial process because the courts are the only forum for those wronged by administrative excesses and executive arbitrariness. Hence legislation enacted by Judiciary must be in the rare cases as mentioned above. What power does original jurisdiction?Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.
What is the original jurisdiction of the Supreme Court?In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights.
What is meant by original jurisdiction?Definition. A court's power to hear and decide a case before any appellate review.
What happens during original jurisdiction?Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.
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