Appellate Jurisdiction of the Supreme Court

The Appellate Jurisdiction of the Supreme Court is a crucial aspect of the Indian judicial system. It allows the highest court to review and revise decisions made by lower courts. This ensures justice and uniformity in the legal process. Understanding the scope and function of the appellate jurisdiction helps to appreciate its role in maintaining the integrity of the judiciary.

The Supreme Court of India has the original jurisdiction, advisory jurisdiction and appellate Jurisdiction. The original jurisdiction of the SC used in the case between:

• Government of India and one or more States of India
• State(s) Vs State(s)

If there is any dispute involving any question of law in which, the existence of the legal rights depends upon the judgment, Article 32 of the constitution of India provides the original jurisdiction to the Supreme Court for the enforcement of fundamental rights in India. The Supreme Court can enforce its judgement by various writs given under Article 32 of the Indian constitution. 

Understanding Appellate Jurisdiction

Appellate Jurisdiction refers to the authority of a court to hear and decide on appeals from lower courts. The Supreme Court, as the apex judicial body, holds the highest appellate jurisdiction in India. It reviews cases where parties believe there has been an error in the application of law or procedural fairness by lower courts. This process ensures that the law is correctly interpreted and applied uniformly across the country.

Constitutional Basis of Appellate Jurisdiction in India

The Constitution of India outlines the Appellate Jurisdiction of the Supreme Court in various articles. Articles 132 to 136 provide the foundation for the Court’s appellate powers.

• Article 132: Deals with appellate jurisdiction in constitutional matters. If a case involves a substantial question of law regarding the interpretation of the Constitution, an appeal can be made to the Supreme Court.

• Article 133: Covers civil matters. An appeal can be made to the Supreme Court from any judgment, decree, or final order in a civil proceeding of a High Court, provided it involves a substantial question of law.

• Article 134: Pertains to criminal matters. It allows appeals to the Supreme Court against High Court decisions in certain specified conditions, such as acquittal of the accused or imposition of the death penalty.

• Article 136: Grants the Supreme Court special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed by any court or tribunal in India.

Types of Cases Under Appellate Jurisdiction

The Appellate Jurisdiction of the Supreme Court covers a wide range of cases. These include:

1. Civil Cases: Appeals in civil matters usually involve substantial questions of law. These cases often pertain to property disputes, contract issues, and personal rights.

2. Criminal Cases: In criminal matters, appeals can be made against convictions, acquittals, or sentences passed by lower courts. High-profile criminal cases often reach the Supreme Court for final adjudication.

3. Constitutional Matters: Cases involving the interpretation of the Constitution are critical. They often address fundamental rights, federal structure, and powers of different branches of government.

Procedure for Filing an Appeal in the Supreme Court

Filing an appeal in the Supreme Court involves several steps. Here is a simplified outline:

1. Leave to Appeal: The appellant must first seek leave to appeal. This is permission from the court to file the appeal. It ensures that only cases with substantial grounds are considered.

2. Filing the Appeal: Once leave is granted, the appeal is formally filed. This includes submitting necessary documents, such as the judgment of the lower court, grounds of appeal, and any supporting evidence.

3. Hearing: The court schedules a hearing where both parties present their arguments. The appellant argues why the lower court’s decision should be overturned, while the respondent defends the original judgment.

4. Judgment: After considering the arguments and evidence, the Supreme Court delivers its judgment. The decision can uphold, reverse, or modify the lower court’s ruling.

Significance of Appellate Jurisdiction in the Judicial System

The Appellate Jurisdiction of the Supreme Court plays a pivotal role in the Indian judicial system. It serves several important functions:

1. Correcting Errors: By reviewing decisions of lower courts, the Supreme Court corrects errors in the application of law. This ensures that justice is not denied due to mistakes.

2. Uniformity in Law: The appellate process helps maintain uniformity in the interpretation and application of law across different jurisdictions. This is crucial for the rule of law and legal certainty.

3. Protection of Rights: The Supreme Court’s appellate jurisdiction is vital in protecting constitutional and legal rights. It acts as a guardian of the Constitution, ensuring that rights are upheld.

4. Developing Jurisprudence: The Supreme Court’s decisions set precedents that guide lower courts. This contributes to the development of a consistent and coherent body of law.

Appellate jurisdiction of the Supreme Court

Appellate jurisdiction of the court is the power given to the Higher Court to review, amend or overrule the decisions given by lower courts. There are many classes of criminal courts and civil courts. The higher authority has the power to review the judgement of lower courts in both criminal and civil cases. 

In simple words, appellate jurisdiction is the power given by the higher court to take the appeal in the cases in which the lower courts have passed the judgement, decree, and punishment. 

The Supreme Court of India has taken its appellate jurisdiction under Articles 132 (1), 133(1) and Article 134 of the constitution of India. As per Article 132 of the Indian Constitution 1949, the Supreme Court of India has the appellate jurisdiction to take appeals in any judgement, decree or final order passed by the high court. The SC can take appeals in any civil cases in which:

• The case involves a substantial question of law
• If the High Court certified that the said case needs to be decided by the SC

The SC has appellate jurisdiction in criminal cases also and it can take the appeal in a criminal case in which:

• The High Court has reversed the order of acquittal passed by the lower court and sentenced him to life imprisonment or death or punishment for not less than 10 years. 
• The high court has withdrawn the accused person from the trial who was convicted by the lower court and passed the sentence of life imprisonment or death or punishment not less than 10 years.
• If the high court certified that the criminal case is fit for appeal to the Supreme Court. 

These are some conditions for civil and criminal cases in which the SC can use its appellate jurisdiction. The parliament of India is also authorised to confirm the Supreme Court any further powers to entertain and hear the appeals from any judgment sentence for a final order passed by High Courts in a criminal proceeding.

Article 136 of the constitution also provides the Supreme Court with a wide appellate jurisdiction in which the Supreme Court can grant special leave to appeal from any decree, judgement or sentence passed by any Court or tribunal situated in the territory of India.

Standard of review

Under the standard of review, the appellate court decides the extent of the difference between decisions. The appellate court provided full clarification on whether the appeal was one of the facts in the case or related to law. 

In a case that is related to facts, the lower court already has to check the oral and documentary evidence related to the case, necessary facts of the case and also check the authenticity of witnesses. Now, when the case comes to the appellate court, it is the discretionary power of the appellate court that it can look for clear errors in the case or start the trial again. 

In a case that is related to law, the appellate court may reverse or modify the decision of the lower court if the appellate court believes that the lower Court has misapplied the law. 

The appellate court has also the power to review the discretionary decisions of lower judges. It may check whether the judge properly granted a new trial or disallowed any evidence in the case. The appellate court can only change the decision of the lower court if there is an abuse of discretion. In simple words, the court cannot give a decision in any case in which the court does not have jurisdiction. 

Landmark Cases in the Appellate Jurisdiction of the Supreme Court

Several landmark cases have shaped the appellate jurisdiction of the Supreme Court. Here are three notable examples:

1. Kesavananda Bharati v. State of Kerala (1973): This case is a cornerstone in Indian constitutional law. The Supreme Court upheld the doctrine of the basic structure of the Constitution, ruling that certain fundamental features cannot be altered by amendments.

2. Maneka Gandhi v. Union of India (1978): This case expanded the interpretation of Article 21 (Right to Life and Personal Liberty). The Supreme Court ruled that the right to life includes the right to travel abroad, thereby broadening the scope of personal liberties.

3. Bachan Singh v. State of Punjab (1980): In this case, the Supreme Court upheld the constitutionality of the death penalty but laid down guidelines for its imposition. This case highlighted the Court’s role in ensuring that laws are applied fairly and justly.

Challenges and Criticisms of Appellate Jurisdiction

While the appellate jurisdiction of the Supreme Court is crucial, it faces several challenges and criticisms:

1. Backlog of Cases: The Supreme Court, like many other courts in India, faces a significant backlog of cases. This can lead to delays in the dispensation of justice.

2. Access to Justice: Accessing the Supreme Court can be challenging for individuals from remote or economically disadvantaged backgrounds. The costs and complexities involved can be prohibitive.

3. Overburdened System: The extensive jurisdiction of the Supreme Court can sometimes lead to an overburdened system. This can affect the efficiency and quality of justice delivery.

4. Judicial Activism: The Supreme Court’s appellate jurisdiction has sometimes been criticized for judicial activism, where the Court is seen as overstepping its boundaries and making policy decisions.

FAQ related to appellate jurisdiction