Open In App

What is appellate jurisdiction of the Supreme Court?

Last Updated : 25 Jan, 2023
Improve
Improve
Like Article
Like
Save
Share
Report

Appellate jurisdiction refers to the power of a higher court to review and potentially overturn the decisions made by lower courts. This means that when a case is heard by a lower court, the parties involved have the right to appeal the decision to a higher court if they believe that an error was made or that the law was applied incorrectly. The higher court, in this case, is the appellate court.

Appellate jurisdiction is distinct from original jurisdiction, which refers to the power of a court to hear a case for the first time. Lower courts usually have original jurisdiction, while higher courts usually have appellate jurisdiction.

The appellate process serves as an important check and balance on the power of lower courts and helps to ensure consistency and fairness in the legal system. It also plays a crucial role in interpreting and shaping the law through the decisions of the appellate court, which can have a lasting impact on legal principles and precedents.

Objectives of Appellate Jurisdiction

  1. To review lower court decisions for errors or legal inconsistencies: Appellate courts are tasked with reviewing the decisions and actions of lower courts to ensure that they are based on a correct interpretation and application of the law.
  2. To correct errors or injustices that may have occurred in lower court decisions: The appellate process provides a mechanism for correcting errors or injustices that may have occurred in lower court decisions. This helps to ensure that the legal system is fair and just for all parties involved.
  3. To establish legal precedents and interpretations of the law: The appellate process helps to establish legal precedents and interpretations of the law through the decisions of appellate courts. These decisions provide guidance for future cases and help to ensure consistency in the legal system.
  4. To ensure that individual rights and liberties are protected: The appellate process helps to protect the rights and liberties of individuals by providing a mechanism for challenging lower court decisions that may be unconstitutional or unjust.
  5. To provide guidance to lower courts: The appellate court decisions provide guidance to the lower courts on how to interpret and apply the law in similar cases, thus contributing to a fair and just legal system.
  6. To maintain the integrity of the legal system: The appellate process is an important component in the maintenance of the integrity of the legal system. It assures that the laws are correctly applied, that the rights of all parties are protected, and that the legal system is fair and just.
  7. To provide an opportunity for the legal system to review and improve itself: The appellate process provides an opportunity for the legal system to review and improve itself by identifying and correcting any issues or shortcomings in the application of the law. This can lead to necessary reforms and improvements in the legal system to ensure that it is fair and just for all parties involved.
  8. To ensure that legal decisions align with the constitutional principles: The appellate process also aims to ensure that the legal decisions align with the constitutional principles and the fundamental values of the society, as well as to ensure that the laws are consistent with the constitution and the human rights principles.
  9. To provide an opportunity for the parties to seek redress: The appellate process also provides an opportunity for the parties to seek redress and to have a higher court review their case, whether it is the Supreme Court or the High Court\
  10. To provide an opportunity for the legal system to adapt to the changing societal needs: The appellate process also provides an opportunity for the legal system to adapt to the changing societal needs by providing a mechanism for the courts to review and interpret laws in light of new developments and to ensure that the laws remain relevant and responsive to the society’s needs.

Importance of Appellate Jurisdiction 

  • Provides a mechanism for correcting errors: The appellate process allows parties to appeal the decisions of lower courts if they believe that an error was made or the law was applied incorrectly. This helps to correct errors and ensure that the law is applied consistently across different cases and jurisdictions.
  • Maintains consistency and fairness in the legal system: By providing a mechanism for reviewing and potentially overturning lower court decisions, the appellate process helps to ensure consistency and fairness in the legal system. It helps to prevent bias or errors in lower court decisions, and it ensures that the law is applied correctly in all cases.
  • Protects individual rights and liberties: The appellate process provides an important check on the power of lower courts and helps to protect the rights and liberties of individuals. It provides a mechanism for challenging lower court decisions that may be unconstitutional or unjust.
  • Interprets and shapes the law: Through the decisions of appellate courts, the appellate process helps to interpret and shape the law. These decisions can establish legal precedents and interpretations of the law that guide future cases, ensuring consistency and predictability in the legal system.
  • Provide guidance to lower courts: The appellate court decisions provide guidance to the lower courts on how to interpret and apply the law in similar cases, thus contributing to a fair and just legal system.
  • Enhances the legal system: The appellate process provides an opportunity for the legal system to review and improve itself by ensuring that legal principles are correctly applied, inconsistencies are reduced, and the rights of individuals are protected.
  • Maintains the integrity of the legal system: The appellate process is an important component in the maintenance of the integrity of the legal system. It assures that the laws are correctly applied, that the rights of all parties are protected, and that the legal system is fair and just.

Essential Articles Related to Appellate Jurisdiction

The following articles in the Constitution of India are essential to understanding the appellate jurisdiction in India:

  • Article 136: This article gives the Supreme Court of India the power to grant special leave to appeal 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.
  • Article 227: This article gives the power of superintendence over all courts and tribunals in a state to the High Court of a state. This includes the power to call for and examine the records of any case which is pending before or has been disposed of by any court or tribunal subordinate to the High Court.
  • Article 130: This article empowers the Supreme Court to hear appeals from any judgment, final order, or sentence in a criminal proceeding of a High Court.
  • Article 131: This article empowers the Supreme Court to hear appeals from any judgment, final order, or sentence in a civil proceeding of a High Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
  • Article 132: This article empowers the Supreme Court to hear appeals from any judgment, final order, or sentence 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 that such question needs to be decided by the Supreme Court.
  • Article 133: This article empowers the Supreme Court to hear appeals from any judgment, final order, or sentence in a civil proceeding of a High Court if the High Court certifies that the case is a fit one for the appeal to the Supreme Court.
  • Article 134: This article empowers the Supreme Court to hear appeals from any judgment, final order, or sentence in a civil proceeding of a High Court if the High Court certifies that the case is a fit one for an appeal to the Supreme Court and that the case involves a substantial question of law as to the interpretation of the Constitution.

Drawbacks of Appellate Jurisdiction

  • Delays: Appealing a case to a higher court can be a time-consuming process, which can delay the final resolution of a case.
  • Costs: The appellate process can be costly for the parties involved, as they may have to pay for legal representation and other expenses associated with the appeal.
  • Limited ability to review facts: In many jurisdictions, appellate courts are limited in their ability to review facts and are restricted to reviewing questions of law. This means that they may not be able to fully address issues related to the facts of the case.
  • Limited ability to correct errors: While appellate courts have the power to correct errors or injustices that may have occurred in lower court decisions, there are limits to what they can do, for example, in some jurisdictions, an appellate court can not increase the sentence or the penalty.
  • Limited resources: Appellate courts may have limited resources, which can lead to delays in hearing cases and issuing decisions.
  • Finality of Decision: Appellate jurisdiction is supposed to be a final step in the legal process, but it could lead to multiple appeals, which can lead to delays and uncertainty.
  • Limited ability to enforce the decision: Appellate courts may have limited ability to enforce their decisions, which means that the parties may not always comply with the court’s ruling.
  • Limited Public Access: Appellate jurisdiction could be less accessible to the public, as it is usually only accessible to parties involved in the case, and the proceedings may be less transparent.

Way Forward

  1. Streamlining the appellate process: Efforts could be made to streamline the appellate process by, for example, implementing expedited appeals or online filing systems, which can help to reduce delays and costs.
  2. Increasing resources: Increasing resources for appellate courts, such as hiring more judges or providing additional funding, could help to reduce delays and ensure that cases are heard and decided in a timely manner.
  3. Implementing alternative dispute resolution: Alternative dispute resolution methods, such as mediation or arbitration, could be used to resolve disputes more efficiently and effectively without the need for an appeal.
  4. Adopting technology: Using technology like video conferencing, e-filing, and e-judging can make the process faster and more efficient while also providing more accessibility to the public.
  5. Increasing public education and awareness: Increasing public education and awareness about the appellate process can help to increase understanding and confidence in the legal system.

In conclusion, the appellate jurisdiction plays a crucial role in ensuring consistency and fairness in the legal system, protecting individual rights and liberties, interpreting and shaping the law, and providing guidance to lower courts. However, it does have its own challenges, like delays, costs, limited ability to review facts, and limited resources. By addressing these challenges, the appellate process can be made more efficient, effective, and accessible to the public.

FAQs Related to Appellate Jurisdiction

Q1. What is the difference between appellate jurisdiction and original jurisdiction?

Ans: Appellate jurisdiction refers to the power of a higher court to review and possibly overturn the decisions of a lower court, while original jurisdiction refers to the power of a court to hear and decide a case for the first time.

Q2. What are the types of appellate jurisdiction?

Ans: The types of appellate jurisdiction are: criminal appellate jurisdiction, civil appellate jurisdiction, and constitutional appellate jurisdiction.

Q3. What is the difference between the appellate jurisdiction of the Supreme Court and the High Court?

Ans: The appellate jurisdiction of the Supreme Court is provided under Article 133 of the Indian Constitution and is limited to civil cases where the value of the dispute exceeds Rs. 20,000. The appellate jurisdiction of the High Court is provided under Article 134 of the Indian Constitution and includes both civil and criminal cases.

Q4. What is the role of the Supreme Court and the High Court in the Indian legal system?

Ans: The Supreme Court and High Court play a crucial role in the Indian legal system as the final court of appeals for both civil and criminal cases.

Q5. Can a party appeal a High Court’s decision to the Supreme Court?

Ans: A party can appeal a High Court’s decision to the Supreme Court if the High Court’s decision involves a question of law or if the High Court has granted a certificate for an appeal to the Supreme Court.



Like Article
Suggest improvement
Share your thoughts in the comments

Similar Reads