Describe briefly, but precisely, the appellate jurisdiction of the Supreme Court of India

Question: Describe briefly, but precisely, the appellate jurisdiction of the Supreme Court of India [BJS 1978]

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Answer

The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India. The law declared by the Supreme Court is binding on all courts within the territory of India. Under Part V, from Article 124 to Article 147 of the Indian Constitution deals with the provision for organization, independence, powers, and jurisdiction of the Supreme Court of India.

The appellate jurisdiction of the Supreme Court is extensive. It is the highest court of appeal in the following matters:

• Constitutional matters

Under Article 132(1), an appeal lies to the Supreme Court from any judgment, decree, or final order, whether in a civil, criminal,b or other proceedings, of a High Court if it certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

The power of the Supreme Court to hear appeals in constitutional matters is very broad because it acts as the guardian of the Constitution. An appeal lies to the Supreme Court after a High Court grants a certificate. Such a certificate can be granted if the following conditions are fulfilled,

• An appeal lies only from “any judgment, decree or final order” of a High Court.
• The case ought to involve a question of law as to the interpretation of the Constitution.
• The question involved must be a “substantial question.”

• An appeal in Civil matters

Under Article 133(1), an appeal lies to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court if it certifies that:

• The case involves a substantial question of law of general importance, and
• In the opinion of the High Court, the said question needs to be decided by the Supreme Court

No appeal in a civil matter lies to the Supreme Court as a matter of right. An appeal can lie only on a certificate of the High Court which is issued when the above two conditions are satisfied. Under Article 133(3), unless Parliament provides otherwise, no appeal lies to the Supreme Court from the judgment, decree, or final order of a single High Court Judge.

• An appeal in Criminal matters

The appellate jurisdiction of the Supreme Court on criminal matters is conferred by Article 134. The Supreme Court has only a limited criminal appellate jurisdiction only in two modes:

Without the certificate of appeal from HC an appeal lies to the Supreme Court if,

• The High Court on appeal has reversed an order of acquittal of an accused person and sentenced him to death or sentenced him to imprisonment for life or for a period of not less than 10 years. (Art. 134(1)(a)) It exists as a matter of right.
• The High Court has withdrawn for trial a case from a lower court and sentenced the accused to death or sentenced him to imprisonment for life or for a period of not less than 10 years. (Art. 134 (1)(b))

With the certificate, the Supreme Court can hear an appeal in a criminal case if the High Court certifies that the case is a fit one for appeal to the Supreme Court. A certificate needs to be granted only in cases where there is a substantial question of law involved.

• Appeal by special leave

It is a residuary power given by the constitution to the Supreme Court. The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India

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Important Mains Questions Series for Judiciary, APO & University Exams

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3. Constitutional Law Mains Questions Series Part-II
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5. Constitutional Law Mains Questions Series Part-V
6. Constitutional Law Mains Questions Series Part-VI
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