Discuss the function of the supreme court of India using the following hints:-
1. Original jurisdiction
2. Appellate jurisdiction
3. Advisory jurisdiction
4. Writ jurisdiction
Answers
Answer:
1.Original jurisdiction
Answer:
1. Original jurisdiction: In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
2. Appellate jurisdiction: Appellate jurisdiction includes the power to reverse or modify the the lower court's decision. Appellate jurisdiction exists for both civil law and criminal law. In an appellate case, the party that appealed the lower court's decision is called the appellate, and the other party is the appellee.
3. Advisory jurisdiction: Advisory Jurisdiction is when a lower court or any constitutional body seeks the advice of the higher Court in a matter of law. The practice of seeking advisory opinion of the judiciary has its beginning in England.
4. Writ jurisdiction: There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and all these writs are an effective method of enforcing the rights of the people and to compel the authorities to fulfil the duties which are bound to perform under the law.
Explanation: