ICSE Class 10 Answered

a. Original Jurisdiction:

It means that the Supreme Court has the authority to hear and determine in the first instance the cases which cannot be moved in any other court than the Supreme Court.

1. The Supreme Court entertains original jurisdiction in the following cases of dispute between:

1. Government of India and one or more States; or
2. Between Government of India and any State or States on one side and one or more States on the other; or
3. Between two or more states.

     Exceptional cases wherein the Supreme Court does not extend its original jurisdiction to are:

1. A dispute arising out of treaty, agreement, etc. which is in operation,
2. In certain other matters such as inter-State water disputes, matters referred to the Finance Commission, and
3. Adjustment of certain expenses and pensions between the Union and the States.

2. Protection of Fundamental Rights: The Supreme Court also extends its original jurisdiction to cases of violation of the Fundamental Rights of individuals and the court can issue several writs for the enforcement of these rights. An individual is allowed to approach the Supreme Court in case of violation of fundamental right.
3. Transfer of cases from Lower Courts: Under Article 139A, inserted by the 44^thAmendment in 1978, the Supreme Court may transfer the cases from one or more High Courts to itself, if these are related to the questions of law or cases of great importance.
4. Interpretation of Constitution: All the cases that require interpretation of the Constitution have to be directly filed in the Supreme Court.

    

b. Appellate Jurisdiction:

This means that the Supreme Court has the power to grant special leave which may change or reduce the decision passed by the lower courts. The appellate jurisdiction extends to constitutional, criminal and civil cases.

1. Constitutional Cases: All the matter irrespective if its nature can be bought before the Supreme Court where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution. If the High Court has refused to give the certificate, the Supreme Court can grant special leave of appeal. 
2. Civil Cases: The Supreme Court makes appeal in civil matters, if the High Court certifies:
1. That the case has some substantial question of law of general importance and
2. That the question needs to be decided by the Supreme Court.

However, if the high Court does not provide the certificate the Supreme Court can grant special leave to appeal in suitable cases.

3. Criminal Cases: The criminal cases can be appealed in two ways:
1. Cases that are without the certificate of the High Court
2. Cases with the certificate of the High Court

   Cases wherein certificate from the High Court are not required are:

1. where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the accused the death sentence;
2. wherea case is withdrawn by the High Court from the Subordinate Court and sentenced the accused to death.