Jurisdiction: Meaning and Types

Jurisdiction that more often used in legal context and defines the power, subject, or even geographic regions that a court has been given to decide a case. The term ‘jurisdiction’ in a legal system is most fundamental and indispensable without which difficult to define different levels of judicial system.

Meaning of Jurisdiction

The literal meaning of ‘jurisdiction’ is “legal speech or declaration,” which is derived from Latin terms ‘juris,’ which means ‘law’ and ‘dictio,’ which means ‘speech’ or ‘declaration.’ However, in recent time, the jurisdiction is defined as the extent of power of (typically) a court to accept a case and subsequently make a decision and judgement. At one point of time, if one face of jurisdiction defines the power or authority of a court, then the other face of it defines its limitations or in other words, the extent of area over which it can exercise its authority.

Based on the jurisdiction, court files, trials, and adjudicates the case. Out of its jurisdiction, no court can accept a case. So, jurisdiction resolves the issue of confusion and conflict of interest.

Types of Jurisdiction

‘Jurisdiction’ is multifaceted concept that depending upon the nature or subject-matter can be classified as −

Geographical Jurisdiction or Territorial Jurisdiction

The geographical or territorial jurisdiction defines the geographical extent of a court; under which it can exercise its power. For the administrative purposes, the government has demarcated the boundaries in a hierarchical system. For example, there are international boundaries that separate two countries (e.g. India and Bangladesh); there are state boundaries, that separate two states of India; there are district boundaries that separate two districts of a state.

Likewise, following the same administrative boundaries, India has Supreme Court at national level, which geographical jurisdiction is entire country; High Courts at state level, which jurisdiction is only the state within which it is located (or sometimes, it may have two or more states’ jurisdiction); and district courts at district level, which jurisdiction is only one district where it is located.

Subject-Matter Jurisdiction

The subject-matter jurisdiction defines the power and authority of a court or forum related to specific subject.

To adjudicate a case or resolve a dispute, a court has been given the responsibility, but because of increasing burden on such courts, over period in time, different forums or tribunals are set up, which are exclusively based on subject-matter. For example, to adjudicate consumer issues, consumer court has been set up; to resolve labours’ disputes, labour court has been set up; to resolve government employees’ disputes, Central Administrative Tribunal (CAT) has been established (for central government employees) and similarly for the state government employees, State Administrative Tribunals have been set up in different states; etc. On top of this, at a district level, to resolve a civil dispute, there is civil court and to trial a criminal case, there is sessions court.

Pecuniary Jurisdiction

The literal meaning of pecuniary is concerning or involving money. Likewise, the pecuniary jurisdiction defines the power or authority of a court to adjudicate a case (specifically civil in nature), based merely on monetary extent. It means, a given court has limit to decide a case (for example) worth of 20 lacs, then it cannot accept a case worth of any number more than 20 lacs.

Concurrent Jurisdiction

The literal meaning of ‘concurrent’ is existing, happening, or done at the same time or simultaneously. Likewise, the term concurrent jurisdiction defines the power of two courts to adjudicate the matter on the same case. The concurrent jurisdiction gives litigants the opportunity to choose the forum of their choice or one that perceived to be more favorable to their case, which popularly known as ‘forum shopping.’ In country like India, it has very limited scope; however, a few examples can be seen related to the matrimonial dispute cases.

Conclusion

Jurisdiction is a multidimensional term that ensures legal proceedings occur in an orderly and in a specific manner and in a specific court or forum. Likewise, for an appropriate application of jurisdiction, understanding the various types of jurisdiction, whether based on geography, subject-matter, or money, is essential. The careful application of jurisdictional principles helps maintain the integrity of the legal system and guarantees that cases are heard by the appropriate authorities.

FAQs

1. How is territorial jurisdiction determined in India?

Territorial jurisdiction, which is based on the administrative boundaries, is determined based on the location where the cause of action arises or where the defendant resides. Different courts, such as district courts and high courts, have defined territorial jurisdictions, and a case should be filed in the court within whose jurisdiction the events leading to the legal dispute occurred.

2. What is original jurisdiction in the Indian Legal System?

Original jurisdiction refers specifically to a court's authority to hear a case for the first time. In India, if we see the judicial hierarchy, then we will find that the areas of original jurisdiction keep decreasing. For example, district court has the widest area of original jurisdiction, then High Courts have lesser number of original jurisdiction, and similarly, the Supreme Court has even lesser number of original jurisdiction (than the High Courts).

3. Can you explain the concept of pecuniary jurisdiction in Indian courts?

Pecuniary jurisdiction is specifically related to the monetary value of the claim or dispute. In India, different courts are designated to hear cases based on the amount of money involved. For example, a civil suit with a specific monetary threshold may be filed in a district court, while higher-value cases may fall within the jurisdiction of respective high court.

4. How does subject matter jurisdiction affect legal proceedings in India?

Subject matter jurisdiction deals specifically with a particular type of subject-matter. Different courts are designated to handle specific types of cases. For instance, family courts deal with matters related to family disputes, while labor courts handle issues related to employment and labor laws. Likewise, such subject-matter jurisdiction systematizes and fasten the legal proceedings and deliver justice swiftly.

5. Can a court in one Indian state exercise jurisdiction over a case in another state?

Prima facie, it is not possible; however, in some circumstances or/and on certain subject-matter dispute, it is possible. A court in one Indian state may have jurisdiction over a case in another state. Primarily, it is possible when the Supreme Court of India by using its power does so. Secondly, this can happen when the cause of action partially arises in the jurisdiction of the court or if the parties agree to submit to the jurisdiction of a specific court.