CENTRAL UNIVERSITY OF SOUTH BIHAR

GAYA- 823001

SCHOOL OF LAW & GOVERNANCE

Constitutional Law-II

PROJECT

Appellate Jurisdiction of the Supreme Court of India

Under the Supervision of :- Mrs. Poonam Kumari ;LLM( Human rights,

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Mrs. Poonam Kumari
who gave me the golden opportunity to do this wonderful project on the topic Appellate
Jurisdiction of the Supreme Court of India, which also helped me in doing a lot of Research
and I came to know about so many new things I am really thankful to her.
I have taken lots of efforts by completing this project. However, it would not have been
possible without the kind support and help of many individuals and organizations like Library
and Computer Lab. I would like to extend my sincere thanks to all of them.
Secondly I would also like to thank my parents and friends who helped me a lot in finalizing
this project within the limited time frame.
I am highly indebted to Central University of South Bihar for their guidance and constant
supervision as well as for providing necessary information regarding the project & also for their
support in completing the project.

Chandan Kumar

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 CONTENTS

I.1. Introduction……………………………………………………..…….….…..4

2. Appellate Jurisdiction and Categories…………………………….….……..5

3. Legal Provisions……………………………………………….……………..10

4. Judicial Pronouncement …………………………………...……………….12

5. Conclusion & Suggestion…………………………………………................13

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 Introduction

The Supreme Court of India is guardian of Constitution with the highest judicial forum and final
court of appeal under the Constitution of India. In any country, the judiciary plays the important
role of interpreting and applying the law and adjudicating upon controversies between one citizen
and another and between a citizen and the state. In a country with a written constitution courts
have the additional function of safeguarding the supremacy of the constitution by interpreting and
applying its provisions and keeping all authorities within the constitutional framework. India has
a unified judicial system with the Supreme Court standing at the apex and the high courts below
it. Supreme Court thus enjoys the top most position in the judicial hierarchy of the country. It is
the supreme interpreter of the constitution and the guardian of the people’s fundamental rights. It
is the ultimate court of appeal in all civil and criminal matters and the final interpreter of the law
of the land. And thus helps in maintaining a uniformity of law throughout the country. 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.

The jurisdiction of the supreme court of India can broadly be categorized as -

I.ORIGINAL JURISDICTION- Article 131 of Indian Constitution provides for original

i.Between the Government of India and one or more States,

ii.Between the Government of India and any State or States on the one side and one or more other
States on the other, or

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iii.Between two or more states. However, disputes arising out of the provisions of treaties with the
former Indian States or to which any such State is a party are excluded from the Original
Jurisdiction of the Supreme Court.

II. APPELLATE JURISDICTION- The Supreme Court is the highest court of appeal in all
civil and criminal cases. It can hear appeals against the decisions of the State High Courts,
and this constitutes its Appellate Jurisdiction. The appeal can come before the Supreme
Court in case the High Court issues a certificate to this effect. This appellate jurisdiction
deals with Article 132 to Article 134.

III. ADVISORY JURISDICTION- Under Article 143 of the Constitution, President can seek
advisory opinion of the Supreme Court when it appeals to him that a question of law or
fact has arisen, or is likely to arise, which is of such a nature and of such public importance
that it is expedient to obtain the opinion of the Supreme Court upon it. The President is not
bound to accept the opinion of the Supreme Court. The Court is not bound to give its
advice.

2. Appellate Jurisdiction and Categories

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the
High Court concerned under Article 132, 133 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.

Supreme Court is the Highest Court of appeal and the writs and decrees of Supreme Court run
throughout the country. The cases come to the Supreme Court in the form of appeals against the
judgments of the lower courts and this is called appellate jurisdiction. Appellate jurisdiction
involves the Constitution, Civil and criminal matters. An appeal can be made in the Supreme Court
against any judgment, decree or final order of the High Court in the territory of India, whether in
a civil criminal or other proceedings, if the High Court Certified that the case involves a substantial

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question of law as to the interpretation of the Constitution. Even of the High Court refuses to give
such certificate; the Supreme Court can grant special leave to appeal if the court is satisfied that
the case involves a substantial question of law as to the interpretation of the Constitution. In every
matter that involves the interpretation of the constitution whether, civil, criminal or any other
proceeding, the Supreme Court has been made the final authority to elaborate the meaning and
intent of the Constitution.

The Supreme Court is primarily a court of appeal and enjoys extensive appellate jurisdiction.It
can be divided into three main categories:-

A. Constitutional matters - Under Article -132(1), an appeal lies to the Supreme Court from
any judgment, decree or final order. Whether in a civil, criminal, or other proceeding of a high
Court if it certifies that the case involves a substantial question of law as to the interpretation of
the constitution. According to Article 132(3), where such a certificate is given, any party in the
case may appeal to the Supreme Court on the ground that any such question has wrongly decided.

Under Article 134(A) the High court can grant a certificate for appeal to the Supreme Court
under Article 132 either on its own motion or on oral application of the aggrieved party
immediately after passing the judgment, judgment, decree or final order. Prior to this High court
could do only on the application of the aggrieved party.

Under Article 132(1) three conditions are necessary for grant of certificate by the High court.

1. The order appealed must be against a judgment, decree or final order made by the
High court in civil, criminal or other proceedings.

2. The case must involve a question of law as to the interpretation of the this
constitution and

3. If the High court under Article -134(A) certifies that the case is heard by the
Supreme Court.

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 The words other proceedings include all proceedings other than civil and criminal they include
“revenue proceedings” which includes proceedings under the sales-tax act or the Income –tax Act,
Etc. Secondly, the case must involve a substantial question of law which has been decided by the
Supreme Court in a previous case. But if there is a difference of opinion on any question of law
among High court, and there is no direct decision of the Supreme Court on that point it would be
a substantial question of law.

A very broad power is thus conferred on the Supreme Court to hear appeals in constitutional
matters. When the appeal is not competent under Article-132, the Supreme Court will not hear it
even if the High court has granted the necessary certificate. The appellate who comes before the
Supreme Court under this Article is not entitled to challenge the propriety of the decision appealed
against on a ground other than that on which the High court granted the certificate or the Supreme
Court gave the leave , except with the permission of the Supreme Court. This means that the
appellant should ordinarily confine himself to the constitutional law point involved.

An appeal against High Court’s decision would lie to Supreme Court only when its decision
amounts to a final order. An order of the High Court amounts to a final order only if the order puts
to an end the suit or other proceedings. If after the order, the suit is still alive, i.e., in which the
right is still to be determined, it will not be final order and no appeal would lie in the Supreme
Court.

B. Civil matters - Under Article 133 (1) , an appeal lies to the Supreme Court from
any judgment ,decree or final order in a civil proceeding of a High court if it
certifies-

a. That the case involves a substantial question of law of general importance and

b. That in the opinion of a High court the said question needs to be decided by the Supreme
Court.

An important question of law can arise in any case whatever the value of the subject matter
involved. Now, an appeal may go to the Supreme Court in any case involving an important
question of law even though the value of the sub- matter involved may not be large. No appeal in

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a civil matter to the Supreme Court as a matter of right. An appeal can lie only on a certificate of
the High court which is issued when the above 2 condition are satisfied. The proper test to
determine whether a question of law is substantial is whether it is of general public importance or
whether it directly and substantially affects the rights of the parties. A question of law which is
fairly arguable, or when there is room for difference of opinion on it, or when the court thinks it
necessary to deal with that question at some length and discuss alternative views would be a
substantial question of law. The Supreme Court has emphasized that for grant of the certificate the
question, howsoever important and substantial should also be of such pervasive import and deep
significance that in the High court judgment it imperatively needs to be settled at the national level
by the High Court, otherwise the court will be flooded with cases of lesser magnitude.

Civil proceedings- The expression civil proceeding means proceedings in which a party asserts
the existence of a civil right. A civil proceeding is one in which a person seeks to remedy by an
appropriate process the alleged infringement of his civil right against another person or the state
and which , if the claim is proved , would result in the declaration , express or implied of the right
claimed and relief , such as payment of debt, damages , compensation, etc. Under Article 133 the
Supreme Court does not interfere with concurrent findings of fact by the trial court and the High
court unless it is shown that important and relevant evidence has been overlooked or unless it is
fully unsupported by evidence on record. It is left to the judicial discretion of the court as to when
it will interfere in the concurrent findings of fact of trial court and High court. In appeal under
Article 133 the appellant cannot be allowed to raise new grounds not raised before the lower court.

The Supreme Court’s appellate jurisdiction in civil cases is of limited character. In civil matters
after passage of the 30th Constitutional Amendment Act of 1972 (where no constitutional question
is involved), appeal could lie to the Supreme Court, if the High Court certified that any of the
under-mentioned conditions were satisfied:

(i) That the amount or the value of the subject matter of the dispute is not less than Rs. 20,000,

(ii) That the case is a fit one for appeal to the Supreme Court irrespective of value.

It may be pointed out that the appellate jurisdiction of the Court in civil cases can be enlarged, if
Parliament passes a law to that effect. Further if the court is hearing the appeal, it is open to any

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 party to challenge a decision of the High Court as invalid sofar as it deals with the interpretation
of the constitution.

C. Criminal matters- According to Article 134 an appeal lies to the Supreme Court
from any judgment, final order or sentence in a criminal proceeding of a high court
in the following two ways.

i.Without a certificate of high court.- Article 134 (a), (b)- An appeal lies to the supreme court
without the certificate of the High court if the High court –

a. Has on appeal reversed an order of acquittal of an accused person and sentenced him to death.

b. Has withdrawn for trial before itself any case from any court subordinate to its authority and has
in such trial convicted the accused person and sentenced him to death.

But if the High court has reversed the order of conviction and has ordered the acquittal of an
accused, no appeal would lie to the Supreme Court.

ii. With a certificate of the high court.- Article 134 (c)- Under clause ( c) an
appeal lies to the supreme court if the High court certifies under Article 134-
A that it is a fit case for appeal to the supreme court. The power of the High
court to grant fitness certificate in the criminal cases is a discretionary
power but the discretion is a judicial one and must be judicially exercised
along with the well-established lines which govern these matters. The
Supreme Court has laid down entire guiding principles for the high court to
follow in granting certificate. The high court should grant certificate only
where there has been exceptional circumstances. Eg. Where substantial and
grave injustice has been done.

 Certificate for Appeal to Supreme Court - 134(A)

The constitution 44th amendment has amended Art-132.133 and 135 and inserted a new Article-
Article134-A for regulating the grant of the certificate for appeal to the Supreme Court by the high
court. The object of this new provision is to avoid delay in cases going to the Supreme Court in
appeal from the judgment, decree, final order or sentence of the High court Art-134-A is as follows:

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 “Every High court passing or making a judgment, decree, final order of sentence , referred to in
clause (1) of Article 132 or 134.”-

i.May, if it deems fit so to do so, own motion and

ii.Shall if an oral application is made , by or on behalf of the party aggrieved, immediately after the
passing or making of such judgment, Decree, final order or sentence,

Determine as soon as may be after such passing or making, the question whether certificate of
the nature referred to in clause (1) of Article 132, 133 or sub clause (c) of clause (1) of Article 134
, may be given in respect of that case.

3. Legal Provisions

132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.-

(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High
Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court
certifies under Article 134A that the case involves a substantial question of law as t the
interpretation of this Constitution.

(2) Omitted.

(3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on
the ground that any such question as aforesaid has been wrongly decided.

Explanation.- For the purposes of this article, the expression "final order" includes an order
declaring an issue which, if decided in favor of the appellant, would be sufficient for the final
disposal of the case.

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133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil
matters.-

(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil
proceeding of a High Court in the territory of India if the High Court certifies under Article 134A-

(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.

(2) Notwithstanding anything in Article 132, any party appealing to the Supreme Court under
clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to
the interpretation of this Constitution has been wrongly decided.

(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise
provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High
Court.

134. Appellate jurisdiction of Supreme Court in regard to criminal matters.-

(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of India if the High Court-has on appeal
reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn
for trial before itself any case from any court subordinate to its authority and has in such trial
convicted the accused person and sentenced him to death; or © certifies under Article 134A that
the case is a fit one for appeal to the Supreme Court:

Provided that an appeal under sub-clause © shall lie subject to such provisions as may be made
in that behalf under clause (1) of Article 145 and to such conditions as the High Court may establish
or require.

(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the
territory of India subject to such conditions and limitations as may be specified in such law.

134A. Certificate for appeal to the Supreme Court.-

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Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in
clause (1) of Article 132 or clause (1) of Article 133, or clause (1) of Article 134-

(a) May, if it deems fit so to do, on its own motion; and

(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after
the passing or making of such judgment, decree, final order or sentence, determine, as soon as may
be after such passing or making, the question whether a certificate of the nature referred to in
clause (1) of Article 132, or clause (1) of Article 133 or, as the case may be, sub-clause © of clause
(1) of Article 134, may be given in respect of that case.

4. Judicial Decision

 Election Commission v. Venkata Rao

A question was raised as to whether an appeal would lie to Supreme Court from a decision of
single judge. The Supreme Court answered the question in affirmation. But this can only be done
in very exceptional cases, where direct appeal to the Supreme Court is necessary and in view of
the great importance of the case an early decision is required in public interest.

 Swaranjitkaur V/s Swaransinghsohi

The wife of the petitioner sought the transfer of a divorce petition from Delhi District judge to
District judge Indore. The petitioner is dependent on her parents. She has two children .it is difficult
to defend the case by travelling to Delhi. The court allowed her transfer petitioner from District
judge, Delhi to District judge at Indore.

 Kiranmal v. Dhyanoba

The High Court dismissed the appeal by one word order “Dismissal” against the judgement of
Civil Judge. The Supreme Court found that the appellant could a have raised serious question of
law and fact before the High Court and, therefore, held that it was fit case which ought to have
been admitted and disposed of on merits. The case was remitted to the High Court for disposal on
merits.

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  State of U. P V/s Raj Nath

The High court acquitted the accused in appeal solely on the ground that it regarded the testimony
of eye-witness to be baseless. It was held that the order of acquittal had resulted in the manifest
miscarriage of justice because the High court did not make an attempt to evaluate the evidence of
eye-witness properly. Accordingly, the order of the High court was set-aside and it was directed
to dispose of appeal a fresh after evaluating the evidence. Parliament is empowered under Article
134(2) to extend the appellate jurisdiction of the Supreme Court in criminal matters.

 L.T Venkat v/s Union of India

The two writ petitions were filed before the supreme Court for transfer of three writ petition filed
in the High Court of Madras by the convicts found guilty in Rajiv Gandhi assassination case after
rejection of their merely petition by the president of India. It was averred that the long delay in the
decision of mercy petition by the president would entitled the convict to seek commutation of
death sentence. An identical question was pending before the Madras High Court to itself as the
matter involved was a substantial question of general importance and the decision was likely to
affect a large number of persons convicted by the competent courts.

5. Conclusion and Suggestion

The Supreme Court has original, appellate and advisory jurisdiction. This Article vests very
wide powers in the Supreme Court. The power which is given under this Article is in nature of a
special residuary power which is exercisable outside the purview of ordinary law. Articles 132 to
Article 134 deal with ordinary appeals to the Supreme Court in cases where the needs of justice
demand interference by the highest Court of land. It is the ultimate court of appeal in all civil and
criminal matters and the final interpreter of the law of the land. And thus helps in maintaining a

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uniformity of law throughout the country. Parliament may by law confer on the Supreme Court
any further powers to entertain and hear appeals from any judgement, final order or sentence in
criminal proceeding of a High Court in the territory of India subject to such conditions and
limitations as may be specified in such law.

When a party files an appeal in the Supreme Court under Article 133 may urge, as one of the
grounds in such appeal, that a substantial question of law as to the interpretation of the Constitution
has been wrongly decided. Accordingly, where in a civil case an appeal is preferred to the Supreme
Court, the appellant can, without a certificate of High Court under Article 132, include in the
grounds of appeal his objections relating to the wrong interpretation of the Constitution. Mainly
under this article an appeal is allowed from any judgement, decree or final order of High Court,
provided the requisite a certificate is given; there is no rule, as Article 133, that the decision must
not be a Single Judge of High Court.

In order to give a person locus standi on a certificate granted under any clause of Articles 132
and 133, it is necessary that he be a party in the case before the High Court. Where the Union of
India was not only impleaded as respondent by the petitioner himself in a writ petition, challenging
the withdrawal of registration by High Court judge.

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 REFERENCES

 Books:

 Dr. J. N. Pandey, 53rdedn. (2016), Constitutional Law of India, Allahabad, Central Law
Agency

 V. N. Shukla, 12thedn. (2016), Constitutional Law of India, Lucknow, Eastern Book

 P. M. Bakshi, 13thedn. (2016), The Constitution of India, Harayana, Lexis Nexis

 Websites

 www.legalservicesindia.com

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 www.academy.gktoday.in

 www.supremecourtofindia.nic.in

 www.manupatrafast.com

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