Jurisdiction a n d

Hierarchy of Courts
Jurisdiction

Generally speaking, jurisdiction is a limitation placed on authority.

With respect to courts, it is the extent to which courts can exercise their
authority to hear and dispose of suits, appeals, petitions, applications, etc.

Definitions of jurisdiction w.r.t courts:

1. The power to hear and determine issues of law and fact.

2. The power to hear and determine the subject matter in controversy
between parties to a suit and to adjudicate or exercise any judicial power
over them.
3. The power to hear, determine and pronounce judgment on the issues
before the Court.
Jurisdiction

There are five types of jurisdiction in India:

1. Subject matter
2. Territorial
3. Pecuniary
4. Original
5. Appellate
 Territorial Jurisdiction

This jurisdiction determines whether the cause of action (i.e., the reason why
the case is filed) happened within the territorial limits of the court before which
the case is filed.

For instance, a property dispute over a property based in Mysore cannot

be brought before a court in Bangalore.

Where the cause of action arose is usually determined by law.

S u b j e c t Matter Jurisdiction

This is the authority vested in a court to hear cases pertaining to a

particular subject matter and of a particular type.

For instance, family courts hear disputes concerning divorce,

custody, maintenance, etc.

A criminal case of murder cannot be tried in a family court.

Pecuniar y Jurisdiction

Pecuniary: connected to money.

This jurisdiction addresses whether a court can try certain cases where the
subject matter is of a particular monetary value.

Based on the hierarchy of courts, higher courts can try suits of greater
value, whereas lower courts cannot.
Original Jurisdiction

This jurisdiction refers to the court’s ability to take up, hear and adjudicate
matters before it in the first instance, i.e., the court being the first place that the
case is tried.

Based on the three jurisdictions stated above and other laws, different courts
have different original jurisdictions. For instance, property disputes cannot be
taken directly to the High Court. They must be filed before the Civil Court.
Appellate Jurisdiction

It is the authority of a court to rehear or review a case already heard by the

lower court. It is generally vested in higher courts.

For example, the High Court may hear matters on appeal from the District
and Sessions Courts, and the Supreme Court from the High Courts.
Writ Jurisdiction

A writ is a command issued by either a High Court or the Supreme Court of

India requiring an action to be carried out or refrained from being carried out. In
India, writs are employed primarily to protect the Fundamental Rights granted
under Part III.

Writs are generally seen as relief of a last resort, and are only granted when
every other possible remedy has been tried and failed.
Writ Jurisdiction

There are five kinds of named writs in our Constitution:

1. Habeas corpus:

It literally translates to ‘bring the body’. It is used to prevent things like unlawful
arrest, illegal detention, false imprisonment, kidnapping, etc. It can also be used for
any other ground of inquiry.

2. Quo Warranto:

It translates to ‘by what warrant’. It is used to challenge the legal validity of the
appointment of persons to public positions. For example, it may be used to challenge
the appointment of a person as a head of department. However, only those other
than the affected party may file for this.
Writ Jurisdiction
3. Mandamus:

It is used to mandate a particular act. It translates to command. It may be used to command

someone to act or refrain from acting in a particular way to discharge their legal duties and
obligations. However, mandamus cannot be used to direct an authority or person on how to act,
it may only be used to command them to act.

4. Certiorari:

It is used to transfer an important matter from lower courts to higher courts to study them with
more careful consideration. It is basically used to review any decision of the lower court, and
correct errors in the decisions of the lower courts.

5. Prohibition:

This writ is used to prevent a lower court from acting beyond its authorised jurisdiction. This writ
freezes proceedings in lower courts and transfers the matter immediately to the more
appropriate forum .