SIDDHARTH COLLEGE OF LAW

APPELLATE JURISDICTION OF SUPEREMEE COURT ART.

AN ASSIGNMENT SUBMITTED TO SIDDHARTH COLLEGE

ANUP ANIL KAMBLE

DATE – 28-07-2021

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SR INTRODUCTION PAGE NO.
NO.
1. ARTICLE 132 3
2. ARTICLE 133 5
3. ARTICLE 134 7
4. ARTICLE 134 A 8

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 INTRODUCTION
Courts and Justice system in India the courts are divided into three categories with top court, middle court
and lower court. The top court is named as the Supreme Court, while the middle court is named as High
Court, and the lower court is named as District Court.
India, being one of the biggest countries in the world with a fabulous population has a very strong judiciary
system which is inherent with the structure of the courts and its hierarchy and the judicial system. This
system provides livelihood to huge number of professionals attached with the system of judiciary in different
forms and thus serve the nation with the service. In this essay, the structural pattern of judiciary system will
be narrated with the hierarchical type of courts effectively take part in the judiciary system and the different
personalities engaged in this profession to play different roles assigned to them.
Because of the size of the country, the judiciary system is planned as per the requirement of the citizen of
India with the location of courts as per status to serve the community of India with efficiency. India has a
rich tradition of providing justice to the affected and the courts in various levels are there to serve the
purpose of extending highest level of efficient juridical system all over the country.The court structure is set
as per the judiciary system prevailing in India with differentiation applicability as per the merit of the case.
The normal trend of the judiciary system is to start any general dispute in the lower court which is being
escalated as per the satisfaction of the parties to the higher courts.
The hierarchical structure of court is being endorsed by the Constituency of India with the level of power
exercised by the different level of courts. The judgments can be challenged in the higher courts if the parties
to the cases are not satisfied. The process of escalation is systematic and thus the system of providing
maximum level of satisfaction to the parties is sincerely tried by the judiciary system.
The two aspects of judiciary system in India –
Hierarchy of courts in India
1. The judicial system of India
2. Hierarchy of Indian Courts
The feature Indian judiciary system is its hierarchical structure of courts. There are different levels of
judiciary system in India empowered with distinct type of courts. The courts are structured with very strong
judiciary and hierarchical system as per the powers bestowed upon them. This system is strong enough to
make limitation of court with its jurisdiction and exercise of the power. The Supreme Court of India is
placed at the top of the hierarchical position followed by High Courts in the regional level and lower courts
at micro level with the assignment of power and exercising of the same for the people of India .

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ARTICLE 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 to 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.

Appellate Jurisdiction of Supreme Court :

Constitutional Matters
Under Article 132(1) of the Constitution 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 been wrongly
decided.
A very wide power is conferred on the Supreme Court to hear appeals in constitutional matters. No difficulty
will be felt in bringing a constitutional controversy before the Court which has been made the final authority
in the matters of interpretation of the Constitution. However, 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 (Syedna
Taher v. State of Bombay, AIR 1958 SC 253, 255).
The implication of Article 132(3) is that the appellant who comes before the Supreme Court under this
article is not entitled to challenge the proprietary of the decision appealed against on a ground other than that
on which the High Court granted the certificate. If, however on appeal, a question is sought to be raised
before the Supreme Court other than the one on which the High Court has granted the certificate, it is
necessary to seek the permission of the Supreme Court (Darshan Singh v. State of Punjab, AIR 1953 SC 83;
State of Mysore v. Chablani, AIR 1969 SC 325, 327). This means that appellant should ordinarily confine
himself to the constitutional law point involved (State of Bombay v. Jagmohandas, AIR 1966 SC 1418).
Such a restriction is necessary so that the facility with which appeals in constitutional matters can reach the
Supreme Court may not be misused by the appellant raising all sorts of extraneous pleas once his appeal has
come before the Court on the ground that it involves a substantial question of constitutional law (State of
Bombay v. Jagmohandas, AIR 1966 SC 1418).
Questions of constitutional interpretation are thus placed in a special category irrespective of the nature of
proceedings in which they arise. Such question can always be taken in appeal to the Supreme Court so that
this Court may have the last say. As divergent interpretation of a constitutional provision by various High

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Courts would create difficulties for the people, it is desirable that such questions are decided authoritatively
as soon as possible.
Civil Matters:
In Amarjeet Kaur v. Pritam Singh (AIR 1974 SC 206), the Supreme Court held that when appeal against a
decree was pending, the Court of appeal had seisin of the whole case and the whole matter became sub
judice again, though for certain purposes, i.e. execution, the decree was regarded as final. The decree of the
trial court gets merged with the decree of the appellate court. Therefore the court of appeal shall have all the
powers and shall perform as nearly as may be, the same duties as are conferred and imposed on the court of
original jurisdiction. When the appeal, therefore was pending in the Supreme Court, it was continuation of
the original proceedings and the entire issue was at large it is well settled law that the court could take
judicial notice of the change in law and mould the relief on the basis of the right altered under the amended
law.

Criminal Matters :
Under Article 134 an appeal to the Supreme Court against the judgment, final order or sentence of the High
Court in criminal case is maintainable even without certificate of the High Court in the two cases. Firstly,
when the High Court on appeal has reversed an order of acquittal of an accused person and sentenced him to
death, and secondly, when the High Court has withdrawn, for trial before itself from any court subordinate to
its authority and in such trial has convicted the accused person and sentenced him to death. Further, with the
certificate of the High court when it certifies that the case is „fit one for appeal to the Supreme Court‟.
Under the case where appeal is without the certificate of the High Court, an appeal lies to the Supreme Court
as a matter of right if the requirements laid down therein are fulfilled (Pritam Singh v. State, AIR 1950 SC
169). But it is not so under the other condition, where it is done with a certificate of appeal. In this regard not
merely the High Court has the discretion to grant the certificate, the Supreme Court has also the power to see
whether the High Court’s discretion has been judicially exercised.

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ARTICLE 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.

Civil Proceeding
Under Article 133 the right of a litigant to go in appeal to the Supreme Court from a judgment, decree or
final order of the High Court in a civil proceeding. A right of appeal to go to a particular forum is
undoubtedly a substantive right. It is also now well-settled that such a right comes into existence and vests in
the litigant as soon as it commences. It is, however, to be remembered that a right of appeal is not an
inherent right but is a creation of the statute. The right, which is a creation of the statute, will be available to
the litigant only in the manner inwhich the law relating to the right makes it avail-able. Now, the right of
appeal to go to the Supreme Court, which is created by Article 133 of the Constitution, is conditioned by the
very same article as being available only in the circumstances as mentioned therein. It is not, therefore, a
clear and crystallised right, right from the inception of the commencement of the Us, but is a right which is
made available only on the fulfillment of certain conditions. An examination of the article would show that,
in order that the said right may be available, the civil proceeding must, in the first place, reach the High
Court and a judgment, decree or final order in the said civil proceeding must be passed by the High Court.
Secondly, the civil proceeding must satisfy one or more of the further conditions which are laid down in the
said article, namely, that if it is a civil proceeding reaching the High Court in appeal from a decree in a suit
in the subordinate Court, the value of the subject-matter in dispute in the Court of the first instance and in
dispute on appeal, must be in excess of certain specified pecuniary limits; if it is a proceeding reaching the
High Court otherwise than in appeal from a decree of the subordinate Court, the judgment, decree or final
order of the High Court must, directly or indirectly, involve some claim or question respecting property of
the value exceeding certain specified pecuniary limits; or else, it must be a case fit one for appeal to the
Supreme Court, with the additional condition that it must also involve a substantial question of law when the
decree or final order of the High Court affirms the decision of the Court immediately below. Clause (5) of
this article further provides that even though the other conditions specified in Article 133(1) are satisfied,
there would be no right of-appeal to the Supreme Court if the matter in the High Court is decided by a single
Judge of that Court. It will be clear from the provisions of this article that although a right to go in appeal to
the Supreme Court has been provided to the litigant, he will not be in a position to say, as soon as the is
commences, that the right will be available to him. It is a right, which he may have or he may not have,
depending upon circumstances which exist at the time when the availability of that right or the exercise of
that right comes to be considered. Article 133 provides for the circumstances in which the right to go in
appeal to the Supreme Court will be available to the party. It says nothing with regard to how or in what
manner the conditions entitling the litigant to go to the Supreme Court will be secured for him. It says that if
a matter is decided by a Division Bench of the High Court, a right of appeal may be available to the party
under this article. But if the matter is decided by a single Judge of the High Court, the right will not be

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available. It gives no directions as to which matters will be decided by a single Judge and which will h&
decided by a Division Bench. That matter is left entirely to the High Court to be determined by rules made
by the High Court as it deems fit. No doubt, the making of the rules is subject to the provisions of the
Constitution and also subject to Acts of the appropriate Legislature. Indeed, some of the Acts of the
Legislature have made such provisions, for instance, the Income-tax Act, the Press Emergency Act, the
Stamp Act and the Divorce Act.
In Amarjeet Kaur v. Pritam Singh (AIR 1974 SC 206), the Supreme Court held that when appeal against a
decree was pending, the Court of appeal had seisin of the whole case and the whole matter became sub
judice again, though for certain purposes, i.e. execution, the decree was regarded as final. The decree of the
trial court gets merged with the decree of the appellate court. Therefore the court of appeal shall have all the
powers and shall perform as nearly as may be, the same duties as are conferred and imposed on the court of
original jurisdiction. When the appeal, therefore was pending in the Supreme Court, it was continuation of
the original proceedings and the entire issue was at large it is well settled law that the court could take
judicial notice of the change in law and mould the relief on the basis of the right altered under the amended
law.

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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-
(a) 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 its authority and has in such trial
convicted the accused person and sentenced him to death; or
(c) certifies that the case is a fit one for appeal to the Supreme Court;
Provided that an appeal under Sub-clause (c) 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.
Criminal Appeals under Constitution
The Criminal appellate jurisdiction of the Supreme Court, generally speaking, is invoked in the following ways:
(i) As constitutional right of appeal under Article 134(1) of the Constitution of India.
(ii) By special leave under Article 136(1) of the Constitution of India.
(iii) As statutory right of appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970 (hereinafter referred to as the Act, 1970).
Under Article 134(1) there could be an appeal to the Supreme Court from any judgment, final order or sentence
in a criminal proceeding of a High Court, if the High Court
(a) has, on appeal, reversed an order of acquittal and awarded sentence of death; or
(b) has withdrawn for trial before itself any case and has in such trial convicted and sentenced the accused to
death; or
(c) certified under Article 134(1)(a) that the case is a fit one for appeal to the Supreme Court.
Article 134(2) of the Constitution of India reads as follows:
"134. (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."
It was in pursuance of this provision, that Parliament enacted the Supreme Court (Enlargement of Criminal
Appellate Jurisdiction) Act, 1970.
While sub-clauses (a) and (b) of Article 134(1) of the Constitution of India confer upon the accused a right of
appeal in certain circumstances, clause (c) confers upon the High Court a discretion to grant a certificate to the
accused to appeal in cases not falling under sub-clauses (a) and (b). The certificate is granted only where there
has been an infringement of the essential principles of justice or there is a substantial question of law or principle
involved. The Supreme Court has also held that the conditions prerequisite for the exercise of the discretionary
power to grant a certificate under Article 134(1)(c) cannot be precisely formulated but it should be exercised
sparingly and not to convert the Supreme Court into an ordinary court of criminal appeal.
It is pertinent to note that the accused may not have the right of appeal even in circumstances mentioned in
clauses (a) and (b) of Article 134(1) if the High Court sentences him to life imprisonment or imprisonment of 10
or more years. In such case, his appeal would be admitted in special and exceptional circumstances only either
under Article 134(1)(c) or under Article 136 of the Constitution.
The Parliament enacted the Act, 1970 and provided a right of appeal to an accused person whose acquittal is
reversed by the High Court and sentenced to 10 or more years or imprisonment for life. Thus, it can be seen that
the common thread that runs through Articles 134(1)(a) and (b) and the Act, 1970 is that appeal in criminal cases
to the Supreme Court becomes a right only if the conviction is for the first time by the High Court. But, in view
of the change in the position of law with regard to the imposition of death sentence and enactment of Section

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433-A in the Criminal Procedure Code, it is just and proper that all cases of death sentence and all cases of life
imprisonment which fall under Section 433-A should also be provided with a right of appeal.

Article 134A
134A. Certificate for appeal to the Supreme Court 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 (c) of clause ( 1 ) of Article 134, may be given in
respect of that case