PPSC Excise and Taxation Inspector 2018 Question Paper

Practice Mode:
25.

Which of the following cases cannot be filed directly in the Supreme Court ?

A: Disputes between two or more States
B: Cases against encroachment on Fundamental Rights
C: If one's Property is forcefully occupied by the other
D: Both (a) and (b)

The answer is: C

Explanation

Answer: C - If one's Property is forcefully occupied by the other

Explanation:

A case involving forceful occupation of property is an ordinary civil/criminal dispute between private parties. It must be filed in lower courts first (Civil Court → High Court → Supreme Court on appeal). It cannot be filed directly in the Supreme Court.

 

Why other options CAN be filed directly in Supreme Court:

  • Disputes between two or more States : Article 131 - Original Jurisdiction, Yes, directly
  • Encroachment on Fundamental Rights : Article 32 - Right to Constitutional Remedies Yes, directly
  • Property forcefully occupied : Ordinary civil dispute - No, lower courts first

 

Supreme Court's jurisdiction - must know:

Original Jurisdiction (Article 131):

  • Centre vs State disputes
  • State vs State disputes
  • Filed directly in SC

 

Writ Jurisdiction (Article 32):

  • Fundamental Rights violations
  • Can directly approach SC
  • Dr. Ambedkar called Article 32 the "Heart and Soul of the Constitution"


Appellate Jurisdiction:

  • Appeals from High Courts
  • Not direct filing


Advisory Jurisdiction (Article 143):

  • President seeks SC's opinion
  • Critical distinction:

 

Article 32 (SC) vs Article 226 (HC) - Both can issue writs for Fundamental Rights but Article 226 has wider scope covering legal rights beyond just Fundamental Rights.