Question

Explain the appellate jurisdiction of the Supreme Court of India.

Discuss the appellate jurisdictions of the Supreme Court of India.

Answer 1

The Supreme Court is also the highest court of appeal in India. Whatever decision that the Supreme Court makes stands true all over the country. The cases that come to the Supreme Court as appeals against what the lower courts have adjudged fall under the appellate jurisdiction of the Supreme Court.

The Supreme Court succeeded the erstwhile Federal Court of India and replaced the British Privy Council to become the highest court of appeal. The Supreme Court is a court of appeal primarily, and it hears those appeals made against the judgement of lower courts. Its wide appellate jurisdiction can be classed under four sections:

1. Appellate Jurisdiction in Civil Cases: In civil cases, there can be an appeal from the judgement, decree, or the final order of the High Court if the High Court certifies that:
   • The case involves a substantial question of law of general importance.
   • In the opinion of the High Court, the said question needs to be decided by the Supreme Court.
2. Appellate Jurisdiction in Criminal Cases: In criminal cases, an appeal lies from any judgement, final order, or sentence given by the High Court if:
   • The High Court has reversed an order of acquittal of an accused and sentenced him to death; or
   • The High Court has withdrawn for trial a case from any subordinate court and awarded death sentence to the accused; or
   • The High Court certifies under Article 134(A) that the case is fit for appeal to the Supreme Court.
3. Appellate Jurisdiction in Constitutional Cases: Constitutional cases involving a substantive point of law, requiring the interpretation of the Constitution, can be appealed in the Supreme Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
4. Special Leave to Appeal: Under Article 136, the Supreme Court can, in its discretion, grant special leave to appeal against any judgement, decree, determination, sentence, or order in any case or matter decided by any court or tribunal in India.

Answer 2

The Supreme Court serves as the topmost appellate court in India for both civil and criminal matters. It has the authority to hear appeals against judgments passed by High Courts, which forms its appellate jurisdiction. Such an appeal can be made to the Supreme Court if the concerned High Court grants a certificate allowing it.