Question
Download Solution PDFWhat is the key difference between the Supreme Court’s original jurisdiction in federal disputes versus its writ jurisdiction?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Federal dispute jurisdiction is exclusive to SC, while writ jurisdiction is concurrent with High Courts..
Key Points
- Federal Dispute Jurisdiction: It is exclusive to the Supreme Court under Article 131 of the Indian Constitution. This means no other court, including High Courts, can exercise jurisdiction in such disputes.
- Writ Jurisdiction: The writ jurisdiction under Article 32 is concurrent, meaning both the Supreme Court and High Courts can issue writs for the enforcement of fundamental rights.
- The key distinction is exclusivity—federal disputes under original jurisdiction are solely handled by the Supreme Court, whereas writ jurisdiction is shared between the Supreme Court and High Courts.
- The Supreme Court's original jurisdiction in federal disputes includes cases between the Government of India and one or more states or between states themselves.
- Writ jurisdiction pertains to safeguarding fundamental rights and can be invoked by individuals or groups through petitions.
Additional Information
- Article 131 (Original Jurisdiction of SC): Deals with disputes involving the Central Government and one or more states, or between states themselves, ensuring a direct and exclusive mechanism for resolving federal disputes.
- Article 32 (Writ Jurisdiction of SC): Known as the “heart and soul of the Constitution” by Dr. B.R. Ambedkar, it empowers individuals to approach the Supreme Court directly for enforcing fundamental rights via writs.
- Types of Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto are the five writs available under both Articles 32 (Supreme Court) and 226 (High Courts).
- Concurrent Jurisdiction: High Courts under Article 226 can issue writs for both fundamental rights and other purposes, making their jurisdiction broader compared to the Supreme Court's writ jurisdiction.
- Federalism in India: The exclusive jurisdiction of the Supreme Court in federal disputes highlights the need for a neutral arbiter to resolve conflicts between different levels of government.
Last updated on Jul 17, 2025
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