Jurisdiction As A Defence: The Double-Edged Sword
- IJLLR Journal
- Jul 23
- 1 min read
Muskan Maroria, Maharishi Dayanand University, Rohtak
ABSTRACT
Jurisdiction is a fundamental concept in civil law that determines a court’s authority to hear and decide cases. In India, jurisdiction serves as both a protective mechanism and a potential barrier, functioning as a double-edged sword. On one side, it provides defendants with a robust defence against unwarranted claims by allowing them to challenge the jurisdiction of the court. On the other side, it can also limit access to justice, as parties may find their legitimate claims barred due to strict jurisdictional requirements. This research paper explores the dual nature of jurisdiction in Indian civil law, analysing statutory provisions, judicial interpretations, and case law to illustrate its complexities. The paper ultimately aims to highlight the importance of a balanced approach to jurisdiction that safeguards litigants’ rights while ensuring that justice is accessible and effectively administered.
