Ouster of Jurisdiction

Ouster of Jurisdiction

Ouster of jurisdiction means the exclusion of judicial proceedings in respect of any dispute. It can be expressed or implied in a civil court. For example, an ouster clause in a contract is an agreement that excludes the jurisdiction of the courts. This is considered to be against public policy. 

When faced with an ouster clause, courts have three options:

(i) Acceptance

(ii) A constitutional parry: This involves subjecting the clause to strict scrutiny and only giving it effect if Parliament uses clear, firm, and explicit language

(iii) A constitutional lunge 

The party raising the plea has the burden of proving the ouster of the civil court's jurisdiction. The Supreme Court has ruled that ouster of jurisdiction cannot have a retrospective effect to annul a decree that was validly passed by the civil court. 

CCSU LLB / BA-LLB Question References

Q. Ouster of Jurisdiction [BA-LLB - 4 marks - 2022]