The Supreme Court has not only succeeded the Federal Court of India but also replaced the British Privy Council as the highest court of appeal. The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
(a) Appeals in constitutional matters.
(b) Appeals in civil matters.
(c) Appeals in criminal matters.
(d) Appeals by special leave.
(a) Constitutional Matters
- Appeals can be made to the Supreme Court against a high court judgment if the high court certifies that the case involves a substantial question of law regarding the interpretation of the Constitution.
- The party in the case can appeal to the Supreme Court if they believe the question was wrongly decided by the high court.
(b) Civil Matters
- Appeals in civil cases can be made to the Supreme Court from any high court judgment if the high court certifies that:
➤ The case involves a substantial question of law of general importance.
➤ The question needs to be decided by the Supreme Court.
- Originally, appeals were allowed only in civil cases involving a sum of ₹20,000 or more, but this monetary limit was removed by the 30th Constitutional Amendment Act of 1972.
(c) Criminal Matters
- The Supreme Court hears appeals against high court judgments in criminal cases if the high court:
➤ Has reversed an order of acquittal and sentenced the accused to death.
➤ Has taken up a case from a subordinate court, convicted the accused, and sentenced them to death.
➤ Certifies that the case is a fit one for appeal to the Supreme Court.
- In the first two cases, appeals are a matter of right (i.e., without a high court certificate). If a high court reverses an order of conviction and orders the acquittal of the accused, there is no automatic right to appeal to the Supreme Court.
(d) Appeal by Special Leave
- The Supreme Court can grant special leave to appeal in its discretion from any judgment in any matter passed by any court or tribunal in the country (except military tribunals and courts-martial).
- This provision contains four key aspects:
➤ It is a discretionary power, so it cannot be claimed as a matter of right.
➤ It can be granted in any judgment, whether final or interlocutory.
➤ It can relate to any matter, including constitutional, civil, criminal, income-tax, labor, revenue, advocates, etc.
➤ It can be granted against any court or tribunal, not just high courts (excluding military courts).
53-55th BPSC
Q. Of the following statements, which one is not correct?
A. Supreme Court was constituted in 1950.
B. Supreme Court is the highest Court of appeal in the country.
C. Supreme Court can hear from any High Court/Tribunals except Court-martial.
D. None of the above
