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Question

Q. Consider the following in reference to the original jurisdiction of the Supreme Court

Which of the statements given above is/are correct?


A
1 and 2 only
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B
2 and 3 only
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C
3 only
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D
1, 2 and 3
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Solution

The correct option is D 1, 2 and 3

Explanation:

  • Original jurisdiction of a court refers to a matter for which the particular court is approached first. In the case of the Supreme Court in India, its original jurisdiction is covered under Article 131. It involves the following cases:
  • Any dispute between the Indian Government and one or more States.
  • Any dispute between the Indian Government and one or more States on one side and one or more States on the other side.
  • Any dispute between two or more States.
  • Article 32 of the Constitution provides original jurisdiction to the SC for matters regarding the enforcement of Fundamental Rights.
  • The SC can issue writs, directions, or orders including writs in the nature of mandamus, habeas corpus, quo warranto, prohibition and certiorari.
  • The SC also has the power to direct the transfer of a criminal or civil case from the High Court in one State to the High Court in another State.
  • It can also transfer cases from one subordinate court to another State High Court
  • If the SC deems that cases involving the same questions of law are pending before it and one or more High Courts, and that these are significant questions of law, it can withdraw the cases before the High Court or Courts and dispose off all these cases itself.
  • The Arbitration and Conciliation Act, 1996 gives SC the authority to initiate international commercial arbitration.

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