Appellate Jurisdiction under Indian Constitution
✅ Appellate Jurisdiction under the Indian Constitution
🔷 1. Introduction
Appellate jurisdiction refers to the power of a higher court to review, modify, or reverse the decision of a lower court. In India, the Supreme Court and the High Courts have well-defined appellate jurisdictions under the Constitution.
The appellate system ensures checks and balances in the justice delivery system and helps in the correction of errors, uniformity in interpretation of law, and protection of fundamental rights.
🔷 2. Types of Appellate Jurisdiction
A. Appellate Jurisdiction of the Supreme Court
The appellate jurisdiction of the Supreme Court of India is mainly governed by Articles 132 to 136 of the Constitution.
✅ i. Appeals in Constitutional Matters (Article 132)
An appeal lies to the Supreme Court from any judgment, decree, or final order of a High Court in the territory of India, whether in civil, criminal, or other proceedings, if it involves a substantial question of law as to the interpretation of the Constitution.
Certificate of appeal must be granted by the High Court.
Example:
If a case in a High Court challenges the constitutionality of a law, and the High Court delivers a judgment, the aggrieved party can appeal to the Supreme Court under Article 132.
✅ ii. Civil Appeals (Article 133)
An appeal lies to the Supreme Court from a High Court judgment in civil cases, provided:
The case involves a substantial question of law of general importance, and
The High Court certifies that the question needs to be decided by the Supreme Court.
✅ iii. Criminal Appeals (Article 134)
An appeal lies to the Supreme Court in criminal matters if:
The High Court has reversed an order of acquittal and sentenced the accused to death; or
The High Court has withdrawn a case from a lower court and imposed a death sentence; or
The High Court certifies under Article 134A that the case is fit for appeal.
✅ iv. Special Leave Petition (Article 136)
The Supreme Court may, at its discretion, grant Special Leave to Appeal from any judgment, decree, or order in any cause or matter passed by any court or tribunal (except military courts).
It is an extraordinary appellate power of the Supreme Court.
This provision is residuary and discretionary—the Supreme Court is not bound to grant leave.
Example:
Even if no other constitutional provision allows an appeal, the Supreme Court can still allow it under Article 136 in the interest of justice.
📌 Landmark Case: Pritam Singh v. State of Punjab (1950)
The Supreme Court held that it would exercise its power under Article 136 only in exceptional circumstances where grave injustice is done.
🔷 3. Appellate Jurisdiction of the High Courts
A. Article 226 – Writ Jurisdiction (not appellate, but supervisory)
High Courts can issue writs for enforcement of rights, but this is original jurisdiction, not appellate.
B. Appellate Jurisdiction in Civil and Criminal Cases
High Courts hear first appeals, second appeals, and appeals from subordinate courts in civil matters.
They also hear appeals in criminal cases decided by Sessions Courts or Magistrates.
Governed by the Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC).
C. Letters Patent Appeal (LPA)
In some High Courts, intra-court appeals (an appeal from a Single Judge to a Division Bench) are allowed under Letters Patent.
This is specific to certain High Courts established under colonial laws.
🔷 4. Importance of Appellate Jurisdiction
Corrects errors in judgments.
Provides a mechanism for uniform interpretation of laws.
Protects constitutional and legal rights of citizens.
Ensures fairness and natural justice.
Develops jurisprudence through authoritative decisions.
🔷 5. Notable Case Laws on Appellate Jurisdiction
✅ Kesavananda Bharati v. State of Kerala (1973)
Landmark appeal under Article 132 (constitutional interpretation).
The Court laid down the Basic Structure Doctrine of the Constitution.
✅ State of Bombay v. Atma Ram (1951)
Clarified the nature of appeals under Article 136.
Supreme Court has wide discretion but will use it sparingly.
✅ Durga Shankar Mehta v. Thakur Raghuraj Singh (1954)
Defined the scope of appellate jurisdiction in election matters.
✅ Municipal Board v. State Transport Authority (1965)
Held that appellate power includes the power to review facts as well as law unless otherwise restricted.
🔷 6. Limitations of Appellate Jurisdiction
Article 262: In disputes relating to water between states, Parliament may bar the jurisdiction of Supreme Court.
Article 131: Original jurisdiction in certain inter-state disputes, not appellate.
Article 136: Discretionary power; not a matter of right.
Appeals cannot be filed without following proper procedural laws (CPC/CrPC).
🔷 7. Conclusion
The appellate jurisdiction under the Indian Constitution plays a vital role in ensuring justice, correcting errors, and maintaining constitutional integrity. It allows citizens to challenge wrongful decisions and ensures a multi-tiered judicial system, enhancing trust in the rule of law.
The Supreme Court, as the apex court, holds extraordinary appellate powers, while High Courts function as crucial appellate forums within the states. Through its appellate role, the judiciary ensures that justice is not only done but seen to be done.
RELATED Blog
0 comments