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.
What is appellate jurisdiction of the Supreme Court?
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.