In the context of the Supreme Court of India, which type of jurisdiction refers to the power of the Court to reconsider a case already decided by a lower court and to review the legal issues involved in it?

Difficulty: Easy

Correct Answer: Appellate Jurisdiction

Explanation:


Introduction / Context:
The Supreme Court of India exercises several distinct types of jurisdiction, each describing different kinds of cases it can hear. These include original, appellate, writ and advisory jurisdictions. This question focuses on identifying the term used when the Supreme Court hears an appeal against a judgment delivered by a lower court and re examines both facts and law. Understanding these terms is essential for mastering Indian polity and the functioning of the judiciary.


Given Data / Assumptions:

  • The Supreme Court may reconsider cases decided by High Courts or other lower courts.
  • The Court reviews the legal issues and sometimes the facts involved when hearing such cases.
  • The options correspond to the standard types of jurisdiction associated with the Supreme Court.
  • You are expected to match the description reconsider a case and legal issues with the correct jurisdiction type.


Concept / Approach:
When a higher court hears an appeal against the decision of a lower court, it is exercising appellate jurisdiction. Under this jurisdiction, the Supreme Court can affirm, modify or reverse the decision of the lower court and may reinterpret the law or reassess facts if allowed by statute. Original jurisdiction refers to cases that start directly in the Supreme Court, such as disputes between states. Writ jurisdiction involves issuing writs to protect fundamental rights. Advisory jurisdiction refers to the Court giving opinions to the President on legal questions. Therefore, the description in the question clearly corresponds to appellate jurisdiction.


Step-by-Step Solution:
Step 1: Focus on the key phrase in the question: reconsider the case and the legal issues involved.Step 2: Recall that appeals from High Courts or special tribunals to the Supreme Court are heard under its appellate jurisdiction.Step 3: Distinguish this from original jurisdiction, where the case begins in the Supreme Court, not on appeal.Step 4: Note that writ jurisdiction relates to enforcement of fundamental rights and advisory jurisdiction involves giving advice to the President, neither of which involves appeals.Step 5: Conclude that appellate jurisdiction is the correct term describing reconsideration of lower court decisions.


Verification / Alternative check:
You can verify this by recalling standard definitions from Indian polity textbooks: appellate jurisdiction is always defined as the authority of a court to hear appeals from lower courts. The Supreme Court website and legal literature describe its role as the highest appellate court in civil, criminal and constitutional matters. The other jurisdiction types have distinctly different functions that do not involve reconsidering lower court judgments, confirming that appellate jurisdiction is the only correct choice.


Why Other Options Are Wrong:
Original jurisdiction covers cases that originate in the Supreme Court, such as disputes between states or between the Union and states, and does not involve prior decisions by a lower court. Writ jurisdiction allows the Supreme Court to issue writs like habeas corpus or mandamus to enforce fundamental rights, which is not the same as hearing appeals. Advisory jurisdiction is exercised when the President of India refers questions of law or fact to the Supreme Court for its opinion; no lower court judgment is under appeal in such cases. Thus, none of these options match the idea of reconsidering a case decided by a lower court.


Common Pitfalls:
Students sometimes confuse writ jurisdiction with appellate jurisdiction because both may involve reviewing actions of authorities or lower courts. However, writ jurisdiction is primarily about protecting fundamental rights, while appellate jurisdiction is about correcting or confirming lower court decisions in a formal appeal. Another pitfall is to wrongly associate advisory jurisdiction with all forms of legal advice, forgetting that it is a specific procedure involving the President, not ordinary appeals. Keeping these categories clearly separated will help you answer judiciary related questions accurately.


Final Answer:
The power of the Supreme Court to reconsider a case and legal issues decided by a lower court is called its appellate jurisdiction.

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