APPEALS TO THE SUPREME COURT.

TABLE OF CONTENTS

BIBLIOGRAPHY......................................................................................................................................11

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INTRODUCTION

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction
extends to any dispute between the Government of India and one or more States or between the
Government of India and any State or States on one side and one or more States on the other or
between two or more States, if and insofar as the dispute involves any question (whether of law or of
fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the
Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of
Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature
of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme
Court has been conferred with power to direct transfer of any civil or criminal case from one State
High Court to another State High Court or from a Court subordinate to another State High Court. The
Supreme Court, if satisfied that cases involving the same or substantially the same questions of law
are pending before it and one or more High Courts or before two or more High Courts and that such
questions are substantial questions of general importance, may withdraw a case or cases pending
before the High Court or High Courts and dispose of all such cases itself. Under the Arbitration and
Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme
Court.

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High
Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement,
decree or final order of a High Court in both civil and criminal cases, involving substantial questions
of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil
matters if the High Court concerned certifies : (a) that the case involves a substantial question of law
of general importance, and (b) that, in the opinion of the High Court, the said question needs to be
decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High
Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to
death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for
trial before itself any case from any Court subordinate to its authority and has in such trial convicted
the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10
years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is
authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any
judgement, final order or sentence in a criminal proceeding of a High Court.

The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India
in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the

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Constitution from any judgment, decree, determination, sentence or order in any cause or matter
passed or made by any Court or Tribunal in the territory of India.

The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to
it by the President of India under Article 143 of the Constitution. There are provisions for reference or
appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act,
1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the
Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the
Gold (Control) Act, 1968. Appeals also lie to the Supreme Court under the Representation of the
People Act, 1951, Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961,
Contempt of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement
of Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in Securities
Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and Consumer Protection Act,
1986. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952
are also filed directly in the Supreme Court.

Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to
punish for contempt of Court including the power to punish for contempt of itself. In case of contempt
other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for
Contempt of the Supreme Court, 1975, the Court may take action (a) Suo motu, or (b) on a petition
made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the
case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor
General.

Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but
no application for review is to be entertained in a civil proceeding except on the grounds mentioned in
Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the
ground of an error apparent on the face of the record.

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HISTORICAL PERSPECTIVE

During British regime, the King in Council, or Privy Council as it was generally called, was the
highest forum to entertain appeals from the judgments and orders passed by the courts in India. On
enactment of the Judicial Committee Act 1833, it came to be called the Judicial Committee of Privy
Council. The decisions of the Judicial Committee used to be couched in advisory form, though, in
practice, the Crown always accepted its advice, and it was unthinkable that its report will not be given
effect to. The Privy Council acted as a channel, through which English concepts came to be
assimilated with Indian laws. It served as a bridge between the Indian and the English legal system,
over which legal ideas travelled from England to India. It was through this body, that the common law
of England was introduced in India under the British regime, as the base of its legal system. During its
career as the highest court of appeals from India for the period of about 200 years, Privy Council
rendered over 2,500 judgments, and till today these judgments constitute the fountain-source of law
on many points in India.

However, there was a rising demand for establishment of Supreme Court in India, since it was felt that
appeal to the Privy Council was very costly and beyond the means of common man. More important
was the reason that it detracted from the self respect of the Indian people. Government of India Act,
1935 introduced a federal constitution to India, involving distribution of powers between the Centre
and the constituent units. The Federal Court of India began functioning from October 1, 1937. To
begin with, Federal Court had a very limited jurisdiction, confined to original jurisdiction in disputes
between the centre and constituent units or inter se amongst the latter, advisory jurisdiction and
appellate jurisdiction on a certificate from the High Court. Appeals from Federal Court could go to the
Privy Council, from the judgments rendered in exercise of original jurisdiction, or by leave of the
Federal Court or the Privy Council. In cases involving interpretation of Constitution, the parties had to
first go to Federal Court in appeal from the High Court, and in other cases appeals from the High
Courts lay directly to the Privy Council. It could give advice on such questions of public importance,
as were referred to it by the Governor General, in his discretion. The appellate jurisdiction of the
Federal Court was enlarged by enactment of Act No. 1 of 1948 and appeals were provided to Federal
Court from the judgment of the High Court in the same circumstances, in which appeals could be
brought to the Privy Council, without any special leave and also by special leave of the Federal Court
in any other case. However, appeals to the Privy Council were still possible by leave of the Federal
Court or of the Council. After achieving their political aspirations by obtaining independence in
August, 1947, there was demand from the Indian polity for enlarging the jurisdiction of Federal Court
and granting more powers to it. With effect from 10th October, 1949 appeals to the Privy Council

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were abolished altogether and the entire appellate jurisdiction was vested in the Federal Court. On
26th January, 1950, Federal Court gave way to the Supreme Court of India under the new
constitution. Supreme Court of India was inaugurated on January 28, 1950 by late Shri M.C.Setalwad,
first Attorney General for India. The Court initially functioned in the Chamber of Princes, a part of
Parliament House, where Federal Court used to sit from 1937 to 1950. It shifted to its own building
and started functioning there on 4th August, 1958.

TYPES OF APPEALS TO THE SUPREME COURT.

(i) Appeals permitted under the Constitution Article 132 of the Constitution of India, 1950
Provides for an appeal to the Supreme Court from any judgment, decree or final order of a High
Court, whether in civil, criminal or other proceedings, if the High Court certifies that the case involves
a substantial question of law as to the interpretation of the Constitution. Article 133 of the
Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, decree or
final order in a civil proceeding of a High Court if the High Court certifies that the case involves a
substantial question of law of general importance and in its opinion the said question needs to be
decided by the Supreme Court.

ii) Article 134 of the Constitution of India, 1950-

Provides for an appeal to the Supreme Court from any judgment, final order or sentence in a criminal
proceeding of a High Court if-

(a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or

(b) has withdrawn for trial before itself, any case from any Court subordinate to it and has in such trial
convicted the accused and sentenced him to death or

(c) it certifies that the case is a fit one for appeal to the Supreme Court.

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ESSENTIALS OF APPEAL TO THE SUPREME COURT-

Appeals to the Supreme Court are governed by the provisions of Articles 132,133 and 134 A of the
Constitution of India with regard to civil matters. Subject to the provisions of the Constitution , an
appeal shall lie to the Supreme court form any judgment ,decree or final order in a civil proceeding of
a High court, if the judgment certifies that –

a.) The case involves a substantial question of law of general importance and,
b.) In the opinion of the High court the said question needs to be decided by the Supreme Court
according to Sections 109 and 112.

CONDITIONS : SECTIONS 109, ORDER 45 RULE 3

An appeal would lie to the Supreme Court under Section 109 of the Code only if the following
conditions are fulfilled :

a.) A judgment ,decree or final order must have been passed by the High Court
b.) A substantial question of law of general importance must have been involved in the case,
c.) In the opinion of the High Court, the said question needs to be decided by the Supreme
Court.

a) A judgment ,decree or final order must have been passed by the High Court.
An appeal lies to the Supreme Court only against a judgment , decree or final order of the
High court .A judgment , decree or final order against whom an appeal can be preferred to
the Supreme court must be the one which purpots to bring an end to the litigation between
the parties. This was also held in the case of Jethanand & Sons v. State of U.P 1The test
whether the order is finally over or not would not depend on whether the controversy is
finally over or not but whether the controversy raised before the High Court is finally
over or not.2

b) Substantial Question of Law of General Importance

An appeal would lie to the Supreme Court if the High Court certifies that a case
involves a substantial question of law of general importance. The expression
substantial question of law of general importance has not been defined in the Code

1
AIR 1961 SC 794.
2
Ramesh v. Gendalal Patri AIR 1966 1445.

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 but it is clear from the High Court can grant certificate under Section 109 only when
it is satisfied that the question of law involved in the case is not only substantial but
also of general importance. 3In other words ,the substantial question of law must be
such that apart form the parties to the litigation ,the general public should be
interested in the determination of such a question by the Supreme Court like if it
would affect a large number of persons or a number of proceedings involving the
same question.

NATURE OF APPELLATE JURISDICTION OF THE SUPREME COURT.

The power of a superior/higher court to hear and decide appeals against the judgment of a
lower court is called appellate jurisdiction. The Supreme Court has vast appellate
jurisdiction. It hears appeals against the judgment of the High Courts. Thus, it is the
highest and the final Court of Appeal. If one of the parties to a dispute is not satisfied
with the decision of the High Court, one can go to the Supreme Court and file an appeal.
The appeals can be filled in Civil, Criminal and Constitutional cases.
(i) Appeals in Civil Cases
Disputes relating to property, marriage, money, contract and service etc are called civil
cases. If a civil case involves a substantial point of law of public importance needing
interpretation of the Constitution or law, an appeal against the High Court decision can be
made to Supreme Court. Earlier the financial limit of such civil cases was Rs. 20,000/-
but now according to the 30th Amendment of 1972, there is no minimum amount for
taking a civil appeal to the Supreme Court. If substantial question of interpretation of law
or Constitution is involved, appeal may be made against the decision of the High Court.
(ii) Appeals in Criminal Cases
An appeal may be brought to the Supreme Court against a High Court decision in a
Structure of Government criminal case in a number of situations. Firstly, if a High Court
sets aside an appeal or a order of acquittal passed by a lower court and awards death
sentence to the accused, he may bring an appeal to the Supreme Court by right.
Secondly, appeal can also be made to the Supreme Court if the High Court withdraws a
case from a lower court to itself, declares the accused guilty and awards death sentence.In

3
Chunnilal v. Mehta and Sons AIR 1962 SC 1314.

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 this situation also appeals can be made as a matter of right and without certificate from
the High Court.
The appeal in cases other than these two categories may also be brought to the Supreme
Court provided the High Court grants a certificate that the case is fit for appeal to the
Supreme Court.
In case where the High Court refuses to certify a case to be fit for appeal to the Supreme
Court, one may seek special leave to appeal from the Supreme Court itself. The Supreme
Court may grant such a special leave in its discretion but only in rare cases.
(iii) Appeals in Constitutional Cases
A constitutional case is neither a civil dispute, nor concerning a crime. It is a case arising
out of different interpretations of Constitution, mainly regarding the fundamental rights.
In such Constitutional Cases an appeal can be taken to the Supreme Court only if a High
Court certifies that the matter in dispute involves a substantial question of law.If the High
Court denies a certificate of fitness to appeal to the Supreme Court, the Supreme Court
can use its discretion and grant special leave to appeal to itself in any caseit deems fit.

NATURE OF APPEALS TO SUPREME COURT.

The judiciary is relatively independent and the legal system is based on English common law. India's
independent judicial system began under the British, and its concepts and procedures resemble those
of Anglo-Saxon countries. The Supreme Court consists of a chief justice and 25 other justices, all
appointed by the president on the advice of the prime minister.
The Supreme Court is the apex court in the country. The High Court stands at the head of the state's
judicial administration. Each state is divided into judicial districts presided over by a district and
sessions judge, who is the highest judicicial authority in a district. Below him, there are courts of civil
jurisdiction, known in different states as munsifs, sub-judges, civil judges and the like. Similarly,
criminal judiciary comprises chief judicial magistrate and judicial magistrates of first and second
class. The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original
jurisdiction extends to all disputes between the Union and one or more states or between two or more
states. The Constitution gives an extensive original jurisdiction to the Supreme Court to enforce
Fundamental Rights.
Appellate jurisdiction of the Supreme Court can be invoked by a certificate of the High Court
concerned or by special leave granted by the Supreme Court in respect of any judgement, decree or
final order of a High Court in cases both civil and criminal, involving substantial questions of law as
to the interpretation of the constitution. The President may consult the Supreme Court on any question

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of fact or law of public importance.

CONCLUSION

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High
Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgement,
decree or final order of a High Court in both civil and criminal cases, involving substantial questions
of law as to the interpretation of the Constitution. The Supreme Court can also grant special leave to
appeal from a judgement or order of any non-military Indian court. Parliament has the power to
enlarge the appellate jurisdiction of the Supreme Court and has exercised this power in case of
criminal appeals by enacting the Supreme Court (Enlargement of Criminal Appellate Jurisdiction)
Act, 1970.

Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that
the case involves a substantial question of law of general importance, and (b) that, in the opinion of
the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an
appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of
an accused person and sentenced him to death or to imprisonment for life or for a period of not less
than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its
authority and has in such trial convicted the accused and sentenced him to death or to imprisonment
for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to
the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to
entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a
High Court.

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BIBLIOGRAPHY

 CK Takwani, "Civil Procedure", 6th ed. 2009, Eastern Book Company

 MP Jain et al., "The Code of Civil Procedure", 1st ed. 2004, Wadhwa and Co.,
Nagpur.
 Mulla, "The Code of Civil Procedure", Vol. 2, 16th ed. 2002, Lexis Nexis
Butterworths, New Delhi.
 www.manupatra.com
 JUDIS

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