Law Commission Considers Right to Appeal as a Fundamental Right
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- 25 Apr 2025 --
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The Law Commission of India is currently examining whether the right to appeal should be recognized as a fundamental right under the Constitution. This initiative aims to ensure better access to justice and procedural fairness, especially in criminal and civil matters where appellate recourse is either limited or inconsistently applied across laws.
This comes at a time when the judiciary is increasingly emphasizing the need for safeguards against unjust convictions, arbitrary state action, and procedural unfairness.
Existing Legal Position
- Presently, the right to appeal is not a fundamental right. It is a statutory right, available only if specifically granted under a particular law.
- The Constitution of India does not explicitly guarantee the right to appeal, although Article 21 protects the right to life and personal liberty, which courts have interpreted to include fair and reasonable procedures.
- Appeals are provided through:
- Code of Criminal Procedure, 1973 – Sections 372 to 394
- Code of Civil Procedure, 1908 – Sections 96 to 100 and Order XLI
- Special statutes like the Companies Act, NDPS Act, Tribunals Reforms Act, etc.
- Code of Criminal Procedure, 1973 – Sections 372 to 394
However, in some cases—particularly in tribunal decisions, summary trials, or preventive detention—there is no guaranteed right to appeal, raising serious constitutional questions.
Why the Law Commission Is Considering the Change
- Uneven access to justice: Many individuals, especially from disadvantaged sections, are denied appellate forums due to statutory gaps.
- Need for uniformity: Different statutes offer different levels of appellate protection, which may lead to inconsistent judicial outcomes.
- Rising undertrial population: The lack of appellate access contributes to prolonged detention and overcrowding in prisons.
- Strengthening due process: Appeals are a critical part of procedural fairness and an essential safeguard against judicial or administrative errors.
Arguments in Favor of Recognizing it as a Fundamental Right
- Natural justice demands that an individual should have the opportunity to challenge an adverse order or conviction.
- Judicial review and accountability are enhanced through a mandatory appellate mechanism.
- Appeals help in correcting errors of fact or law, thus improving the overall quality of justice.
- The right to appeal complements Articles 14 (equality before the law) and 21 (right to life and liberty) of the Constitution.
Supporting Judicial Precedents
Several Supreme Court rulings have underscored the significance of appellate remedies:
- Hussainara Khatoon v. State of Bihar (1979): Recognized that access to justice and legal aid are part of Article 21.
- Anant Yeshwant Dighe v. State of Maharashtra (1990): Held that denial of appeal can amount to denial of justice in certain circumstances.
- Mohd. Hussain v. State (2009): Reiterated the need for fair trial and effective representation, including appellate mechanisms.
- L. Chandra Kumar v. Union of India (1997): Emphasized that judicial review is a basic feature of the Constitution and cannot be bypassed by statutory tribunals.
Potential Impact If Adopted
Should the Law Commission recommend—and the legislature accept—the recognition of the right to appeal as a fundamental right, it would lead to:
- Mandatory appellate frameworks across all legal forums
- Stronger procedural safeguards in criminal and civil cases
- Increased workload on courts, requiring better infrastructure and more judicial appointments
- A constitutional guarantee that would make access to appeals non-negotiable, regardless of the statute under which a person is charged or convicted.
This change would significantly advance the objective of fair, accessible, and accountable justice.
Conclusion
The Law Commission's consideration of the right to appeal as a fundamental right marks a pivotal moment in India's legal history. Elevating it to a constitutional guarantee would not only standardize access to appellate justice across the country but also reinforce the ideals of liberty, fairness, and equality enshrined in the Constitution.
The final recommendations of the Commission could lead to landmark legislative or judicial reforms, potentially altering how justice is perceived and delivered in India.
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