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In India, the Supreme Court has original, appellate and advisory jurisdiction. [1] Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on the other side or cases between different states.
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India.However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of peculiar or territorial jurisdiction.
The Indian High Courts Act 1861 [1] [2] (24 & 25 Vict. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. [3] Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1862. These High Courts would become the precursors to the High ...
Writ jurisdiction is also an original jurisdiction of High Courts. The precise territorial jurisdiction of each High Court varies by province. Judges in these courts are appointed by the President after consultation with the Chief Justice of India, Chief Justice of the High Court, and the state governor.
The Federal Court of India was a judicial body, established in India in 1937 under the provisions of the Government of India Act 1935, with original, appellate and advisory jurisdiction. It functioned until the Supreme Court of India was established in 1950.
The Supreme Court of India was constituted as per Chapter IV of Part V of the Constitution of India. The fourth Chapter of the Indian Constitution is " The Union Judiciary". Under this Chapter, the Supreme Court of India is vested with all Jurisdiction. As per Article 124, The Supreme Court of India had been Constituted and Established.
Since India's Independence, 22 judges from this court have been elevated to the Supreme Court and 8 have been appointed to the office of Chief Justice of India. [2] The court has Original Jurisdiction in addition to its Appellate. Judgments issued by this court can be appealed only to the Supreme Court of India.
The Madras High Court was a pioneer in Original Side jurisdiction reform in favor of Indian practitioners as early as the 1870s. The history means that the decisions of the British Judicial Committee of the Privy Council are still binding on it, provided that the ratio of a case has not been overruled by the Supreme Court of India.