Original Jurisdiction

The 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.

The lowest civil court of France, the tribunal de première instance (literally, "Court of First Instance"), has original jurisdiction over most civil matters except areas of specialist exclusive jurisdiction, those being mainly land estates, business and consumer matters, social security, and labor. All criminal matters may pass summarily through the lowest criminal court, the tribunal de police, but each court has both original and limited jurisdiction over certain separate levels of offences:

For the administrative stream, any administrative court has original jurisdiction. However, while the Council of State has supreme appellate jurisdiction for administrative appeals, it also has original jurisdiction on a number of matters brought against national governmental authorities including cases against statutory instruments (executive and ministerial orders) and certain types of administrative decisions. These decisions are made up out of 2/3 Congress's vote.

In India, the Supreme Court has original, appellate and advisory jurisdiction. 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 side and one or more states on other side or cases between different states. Original jurisdiction is related to cases which are directly brought to the Supreme Court. Cases which require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard In the supreme court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 32 of the Constitution of India grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.

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