ES प्रारम्भिक एवं अपीलीय अधिकारिता से आप क्या समझते हैं?

 Original and Appellate Jurisdiction: Meaning & Differences

The jurisdiction of a court refers to its authority to hear and decide cases. Courts generally have two types of jurisdiction: Original Jurisdiction and Appellate Jurisdiction.

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1. Original Jurisdiction

Original jurisdiction refers to the power of a court to hear a case for the first time, rather than on appeal. Courts exercising original jurisdiction conduct trials, examine evidence, hear witnesses, and render judgments.

Examples of Original Jurisdiction:

• Supreme Court of India:
  • Disputes between the Union and States or between two or more States under Article 131 of the Constitution.
  • Matters related to the enforcement of Fundamental Rights under Article 32.
• High Courts:
  • Cases related to the enforcement of Fundamental Rights under Article 226.
  • Writ petitions and matters of public interest litigation (PIL).
• District Courts:
  • Civil suits exceeding a specified monetary value.
  • Criminal trials involving serious offenses like murder, robbery, etc.

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2. Appellate Jurisdiction

Appellate jurisdiction refers to the power of a court to review, revise, and modify the decisions made by a lower court. When a party is dissatisfied with the judgment of a lower court, they can appeal to a higher court.

Examples of Appellate Jurisdiction:

• Supreme Court of India:
  • Appeals in constitutional matters under Article 132.
  • Appeals in civil matters under Article 133.
  • Appeals in criminal matters under Article 134.
  • Special Leave to Appeal under Article 136.
• High Courts:
  • Appeals from decisions of District Courts and Tribunals in both civil and criminal cases.
• District Courts:
  • Appeals from the decisions of subordinate courts such as Civil Judges and Magistrates.

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Key Differences Between Original and Appellate Jurisdiction

Basis	Original Jurisdiction	Appellate Jurisdiction
Definition	The power of a court to hear a case for the first time.	The power of a court to review the decision of a lower court.
Nature	Involves trial, examination of evidence, and direct judgment.	Involves reviewing legal and factual correctness of lower court decisions.
Scope	Limited to specific cases defined by law.	Broader scope, includes appeals on civil, criminal, and constitutional matters.
Examples	Supreme Court under Article 131, High Court under Article 226, and District Courts for original civil/criminal cases.	Supreme Court under Articles 132-136, High Courts in civil/criminal appeals from District Courts.
Objective	To provide the first forum for justice.	To correct legal errors and ensure justice is upheld.

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Conclusion

• Original jurisdiction allows a court to hear and decide a case first-hand.
• Appellate jurisdiction allows a higher court to review and correct decisions made by lower courts.
  Both types of jurisdiction play a crucial role in maintaining the judicial hierarchy and ensuring fair justice.