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Concept
Original jurisdiction
Summary
In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on the other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens. It is empowered to issue directions, orders or writs, including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Indian Constitution.
The Supreme Court has special advisory jurisdiction in matters that may specifically be referred to by the president of India under Article 143 of the Indian Constitution.
Original jurisdiction of the Supreme Court of the United States
In the United States, courts having original jurisdiction are referred to as trial courts. In certain types of cases, the U.S. Supreme Court has original jurisdiction concurrently with lower courts. The original jurisdiction of the U.
Official source
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