Q. Which of the following are included in the original jurisdiction of the Supreme Court?
- A dispute between the Government of India and one or more States
- A dispute regarding elections to either House of the Parliament or that of Legislature of a State
- A dispute between the Government of India and a Union Territory
- A dispute between two or more States
Select the correct answer using the codes given below: (UPSC Prelims 2012)
Answer:
1 and 4
Notes: The correct answer is
[C] 1 and 4.The Supreme Court of India has several types of jurisdictions, including Original, Appellate, Advisory, and Writ jurisdiction. The
Original Jurisdiction is defined under
Article 131 of the Constitution, which gives the Supreme Court the exclusive power to hear cases in the first instance (without they coming through an appeal).
- Dispute between GoI and States (Statement 1 is Correct): The Supreme Court has original jurisdiction in any dispute between the Government of India and one or more States.
- Election Disputes (Statement 2 is Incorrect): Disputes regarding elections to the Parliament or State Legislatures do not fall under the original jurisdiction of the Supreme Court. As per the Representation of the People Act, 1951, such disputes are first heard by the High Courts. The Supreme Court only hears them in its appellate capacity.
- Dispute involving Union Territories (Statement 3 is Incorrect): Article 131 specifically mentions "States." Union Territories (UTs) are not considered "States" for the purpose of the Supreme Court’s original jurisdiction under Article 131. Disputes involving UTs are usually handled through other legal and constitutional mechanisms or high courts.
- Dispute between two or more States (Statement 4 is Correct): The Supreme Court acts as the sole arbiter in disputes between two or more States (e.g., a boundary dispute or a disagreement over a specific agreement).