In the context of the Supreme Court of India, which term refers to cases that can be taken up directly by the Supreme Court without being heard by any lower court first?

Difficulty: Easy

Correct Answer: Original Jurisdiction

Explanation:


Introduction / Context:
This question focuses on the different types of jurisdiction exercised by the Supreme Court of India. Understanding terms such as original, appellate, writ and advisory jurisdiction is essential for mastering Indian Polity. Here the key idea is to identify the label used when the Supreme Court hears a matter for the first time, without any prior decision from a lower court.


Given Data / Assumptions:

  • The subject is the Supreme Court of India.
  • The question asks about cases the Court can consider directly.
  • No lower court judgement exists in such matters at the time of filing.
  • We must match this description with the correct type of jurisdiction.


Concept / Approach:
Jurisdiction simply means the power of a court to hear and decide cases. The Supreme Court has several forms of jurisdiction:

  • Original jurisdiction for certain disputes that start in the Supreme Court itself.
  • Appellate jurisdiction to hear appeals from High Courts and tribunals.
  • Writ jurisdiction to enforce fundamental rights.
  • Advisory jurisdiction to give opinions to the President under Article 143.
The term that describes cases which begin directly in the Supreme Court is original jurisdiction.


Step-by-Step Solution:
Step 1: Read the key phrase in the stem, which says directly considered by the Supreme Court without going to lower courts. Step 2: Recall that Article 131 of the Constitution confers original jurisdiction on the Supreme Court in certain disputes, for example disputes between the Government of India and one or more States. Step 3: Recognise that in these cases, the Supreme Court is the first and only court to hear the matter, which matches the description given in the question. Step 4: Therefore, the correct term for such cases is original jurisdiction.


Verification / Alternative check:
A quick memory trick is to pair the word original with the phrase comes first. If a case is original in the Supreme Court, the Court is the starting point. In contrast, appellate jurisdiction is about appeals that come up from below, and advisory jurisdiction involves opinions requested by the President rather than a regular dispute. Writ jurisdiction is focused on protection of fundamental rights and may overlap with original jurisdiction, but the specific phrase in the question matches the definition used for original jurisdiction in textbooks.


Why Other Options Are Wrong:

  • Writ Jurisdiction: This refers to the power to issue writs for enforcement of fundamental rights and for other purposes, but writs can sometimes be issued by High Courts too. It does not by itself define that the Supreme Court is always the first and only court of instance.
  • Appellate Jurisdiction: This clearly involves hearing appeals from decisions of lower courts, so by definition the case has already been heard once before.
  • Advisory Jurisdiction: Under Article 143, the Supreme Court gives advice to the President on questions of law or fact. This is not a typical case between parties and does not fit the description in the stem.
  • Special Leave Jurisdiction: Under Article 136, the Supreme Court may grant special leave to appeal from any judgement or order of any court or tribunal. This is again appellate in nature and not the first hearing.


Common Pitfalls:
Students sometimes confuse writ jurisdiction with original jurisdiction because in both situations, an individual can approach the Supreme Court directly. However, writ jurisdiction is about the type of relief and matters of fundamental rights, whereas original jurisdiction is a broader idea about the Supreme Court being the first court for certain categories of disputes, especially federal disputes. Keeping these categories separate in your notes will avoid last minute confusion in the exam hall.


Final Answer:
The term for cases that can be filed directly in the Supreme Court of India without going to lower courts first is Original Jurisdiction.

More Questions from Indian Politics

Discussion & Comments

No comments yet. Be the first to comment!
Join Discussion