Principle

JURISDICTION – Challenge to Jurisdiction – Procedural Jurisdiction Can Be Waived but Substantive Jurisdiction Cannot

Area of law
JURISDICTION
Court
Supreme Court

Substantive jurisdiction (subject matter) cannot be waived; procedural irregularities can. The distinction is crucial. The court must always examine its substantive jurisdiction. The principle applies to all proceedings. Parties cannot confer substantive jurisdiction by consent. The court may raise substantive jurisdiction suo motu.

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