Judicial Jurisdiction
"Jurisdiction" refers to the legal power or authority vested in a person, institution, or legal entity. The term is derived from two Latin roots—*juris* (law) and *dictio* (declaration or speech). Collectively, jurisdiction signifies the legal mandate granted to an entity to enforce the law, conduct judicial proceedings, or render decisions. In a judicial context, it defines the legal authority and the scope within which a court is entitled to hear specific types of cases, issue rulings, or resolve legal questions. Put simply, it dictates which court is empowered to perform specific judicial functions—be it the intake of a case, conducting a hearing, delivering a verdict, or exercising oversight. As an essential component of the rule of law, it establishes the boundaries of judicial operations. Under Section 9 of the Code of Civil Procedure, 1908, a court possesses the sole right to adjudicate only those matters that fall within its subject-matter, territorial, and pecuniary limits. For instance, the court of an Assistant Judge may exercise jurisdiction over civil suits valued up to 1.5 million BDT, whereas the jurisdiction of a District Judge’s court extends to 50 million BDT. Conversely, pursuant to Section 179 of the Code of Criminal Procedure, 1898, criminal courts derive their jurisdiction based on the locus of the offense.Types of Judicial Jurisdiction
Judicial jurisdiction is primarily categorized into three classes:1. Original Jurisdiction
Original jurisdiction refers to the power of a court to hear and settle a case for the first time. The junior civil courts of Bangladesh (e.g., Assistant Judge courts) primarily exercise original jurisdiction. In the criminal justice system, Magistrate courts are similarly vested with original jurisdiction. The High Court Division of the Supreme Court, under Article 101 of the Constitution, exercises original jurisdiction in writ petitions, allowing it to intervene directly to prevent constitutional violations by any organ of the state.2. Appellate Jurisdiction
Appellate jurisdiction is the power to review the decisions of lower courts. A District Judge court may hear appeals against the verdicts of an Assistant Judge. In criminal matters, the Sessions Judge court reviews the rulings of a Magistrate. The Appellate Division of the Supreme Court, as guaranteed by Article 103 of the Constitution, hears appeals against the judgments of the High Court Division.3. Supervisory Jurisdiction
Supervisory jurisdiction is the power of a higher court to oversee and correct the proceedings of lower courts. The High Court Division may review the proceedings of subordinate courts under Article 109 of the Constitution. Furthermore, Section 397 of the Code of Criminal Procedure provides the Sessions Judge or the High Court the authority to call for records to verify the legal legitimacy of lower court decisions. This jurisdiction plays a critical role in ensuring the administration of justice.Foundations of Jurisdiction
Three primary pillars determine a court’s jurisdiction:1. Subject-Matter Jurisdiction
Each court is established to adjudicate specific types of cases. Jurisdiction here depends on the nature of the litigation. For example, Family Courts exercise jurisdiction over marriage, divorce, and maintenance suits, while the Artha Rin Adalat (Money Loan Court) resolves disputes pertaining to loans. The High Court Division of the Supreme Court possesses special jurisdiction for constitutional interpretation, company law, and intellectual property matters.2. Territorial Jurisdiction
Geographical boundaries define a court’s territorial jurisdiction. It signifies the power to adjudicate events occurring within the court's established domain. Under Sections 15–20 of the Code of Civil Procedure, a suit must be filed in the court having jurisdiction over the location of the subject matter or the residence of the defendant. Section 179 of the Criminal Procedure Code similarly identifies the place of occurrence as the basis for territorial jurisdiction.3. Pecuniary Jurisdiction
In civil suits, jurisdiction is determined by the financial value or the amount claimed in the litigation. For example, the Assistant Judge court may settle suits up to 1.5 million BDT, the Joint District Judge up to 2.5 million BDT, and the District Judge court up to 50 million BDT. If these limits are exceeded, the suit must be filed in a higher court. [caption id="attachment_8027" align="aligncenter" width="689"]
The Supreme Court building of Bangladesh[/caption]