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Question 14 Marks
Describe the Jurisdictions of the High Court.
Answer
Parliament determines the territorial jurisdiction of every High Court.
[Guwahati High Court has territorial jurisdiction over Assam and six other states in the north-east. The High Court has benches at Kohima, Aizawl, Imphal, Shillong. Agartala and Itanagar.]
The Jurisdictions of the High Court are as follows:
1. Original Jurisdiction: The High Courts have Original Jurisdiction in the following matters:
(1) The High Courts have been given power to admit writ petitions of citizens regarding violation of their fundamental rights. They have power to issue writs of Habeas Corpus. Mandamus, Certiorari, Quo Warranto and Prohibition.
(2)The High Court admits election petitions. challenging the validity of a member of Parliament or the State Legislature.
(3) The High Court is given the power of judicial review and thereby declare any law, executive order or judicial decision as unconstitutional.
(4) The High Court admits a civil case when the amount is above rupees twenty five thousand.
(5) It has original jurisdiction in matters of admiralty, will, divorce, marriage laws, company law and contempt of court.
2. Appellate Jurisdiction: The High Courts have Appellate Jurisdiction in civil and criminal matters as under:
(1) An appeal in civil case is of two types:
(a) First Appeal: Appeals from the decisions of the District Court in case of a higher value.
(b) Second Appeal: When a single judge of the High Court decides a civil matter, appeal may be filed with the Appellate side of the High Court.
(2) An appeal in criminal cases against the decisions of the District Session Court or the Metropolitan Magistrate's Court where the sentence of imprisonment exceeds seven years.
3. Supervisory Jurisdiction: It supervises and exercises control over all courts and tribunals within its territorial jurisdiction.
It advises the Governor of state regarding posting, promotion otion and disciplinary action for the person in the judicial service of the state.
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Question 24 Marks
Discuss the Appellate Jurisdiction of the Supreme Court.
Answer
The Supreme Court is the final court of appeal. Its Appellate Jurisdiction is as under :
1. Appeals in constitutional cases: An appeal against any judgement, decree or a final order of a High Court may be filed provided that the High Court certifies that the case involves a substantial question of law as to the interpretation of the provisions of the constitution.
2. Appeal in civil cases: An appeal against any judgement, decree or final order of a High Court in civil cases such as, company law. marriage and divorce, property disputes may be filed in the Supreme Court. provided that the High Court certifies that the case involves a substantial question of law as to interpretation of the provisions of the constitution.
3. Appeals in criminal case: All appeals against any judgement, final order, or sentence of a High Court in the criminal cases are admitted by the Supreme Court under the following circumstances:
(1) The High Court has reversed an order of acquittal and given death sentence to the accused:
(2) The High Court has withdrawn the case from subordinate court and awarded death sentence to the accuse person; and
(3) The High Court certifies that the case is fit for appeal to the Supreme Court.
4. Appeals on special leave: The Supreme Court grants special leave to appeal under exceptional circumstances against any judgement. decree, sentence or order passed by any court or tribunal, except the courts of Armed forces in India.
5. Review of its own decisions: The Supreme Court has right to review of its earlier decision and overrule the same on the basis of 'Review Petition'.
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Question 34 Marks
Describe the Jurisdictions of the Supreme Court. ### Write a short note: Jurisdictions of the Supreme Court 
Answer
The functions and powers of the Supreme Court are, in technical terms, its Jurisdiction. The Constitution of India has assigned the following Jurisdictions to the Supreme Court:
1. Original Jurisdiction:
(1) Resolving the disputes between the Union and the State / States.
(2) Resolving disputes between the States.
(3) Deciding the disputes related to the elections of the President and the Vice-President of India.
(4) Deciding constitutionality of the laws, constitutional amendments, executive actions and judicial decisions by exercising the power of Judicial Review.
2. Appellate Jurisdiction: It is the final court of appeal. Its jurisdiction relates to the decisions and orders of High Courts and semi-judicial tribunals in substantial issues involving the interpretation of the Constitution and laws, appeals against the decision of the High Courts in civil matters and criminal cases.
3. Advisory Jurisdiction: To give opinion on any constitutional and legal matter referred to it by the President of India.
4. Writ Jurisdiction: To issue writs of Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition to protect the Fundamental Rights of the citizens. (The High Courts, too, are given Writ Jurisdiction. However, a citizen can directly approach the Supreme Court.)
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4 Marks Each - Social Science STD 9 Questions - Vidyadip