What is appellate jurisdiction of Supreme court?
Q. Which of the following fall under the appellate jurisdiction of Supreme court?
1) Appeals in constitutional matters.
2) High Court on appeal reversed an order of acquittal of an accused person and sentenced him to death.
3) High Court has taken before itself any case from any subordinate court and sentenced accused to death.- Published on 03 Mar 17a. 2, 3
b. 1, 3
c. 1, 2
d. All of the above
ANSWER: All of the above
Appellate jurisdiction -
- Supreme Court replaced the British Privy Council as the highest court of appeal.
- The Supreme Court is mainly a court of appeal.
- It hears appeals against the judgements of the lower courts.
Its wide appellate jurisdiction can be understood under following sections -
Appeals in constitutional matters -
- If the high court certifies that the case involves a substantial question of law that requires the interpretation of the Constitution, an appeal can be made to the Supreme Court.
Appeals in civil matters -
- If the high court certifies that the case involves a substantial question of law of general importance and the question needs to be decided by the Supreme Court, an appeal can be made to the Supreme Court against any judgement of a High Court.
- Presently there is no monetary limit for civil cases.
Appeals in criminal matters -
- The Supreme Court hears appeals against the judgement in a criminal proceeding of a high court.
This happens only if the high court -
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
(b) has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death; or
(c) certifies that the case is a fit one for appeal to the Supreme Court.
- In the first two scenarios, an appeal lies to the Supreme Court as a matter of right.
- It doesn’t need any certificate of the High Court.
- But if the high court reverses the order of conviction and acquits the accused, there is no right to appeal to the Supreme Court.
From 1970, an appeal lies to the Supreme Court from the judgement of a High Court if the High Court -
(a) has on appeal, reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or for ten years; or
(b) has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to imprisonment for life or for ten years.
Appeal by Special Leave -
- The Supreme Court can grant special leave to appeal from any judgement in any matter passed by any court or tribunal in the country.
- This doesn’t include military tribunal and court martial.
Things to note are -
(a) Since its discretionary it cannot be considered as a matter of right.
(b) It may be related to any matter.
(c) It can be granted in any judgement whether final or in process.
(d) It can be granted against any court or tribunal (except military).
- The scope of this provision is very wide.
