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Supreme Court Appeal Process in India

The document outlines the appellate jurisdiction of the Supreme Court of India, detailing the conditions under which appeals can be made from High Court judgments, particularly in criminal matters. It also highlights the Supreme Court's powers to grant special leave to appeal, issue writs for the enforcement of Fundamental Rights, and review its own judgments. Additionally, the Supreme Court is tasked with providing advisory opinions to the President on significant legal questions.

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4 views1 page

Supreme Court Appeal Process in India

The document outlines the appellate jurisdiction of the Supreme Court of India, detailing the conditions under which appeals can be made from High Court judgments, particularly in criminal matters. It also highlights the Supreme Court's powers to grant special leave to appeal, issue writs for the enforcement of Fundamental Rights, and review its own judgments. Additionally, the Supreme Court is tasked with providing advisory opinions to the President on significant legal questions.

Uploaded by

aprajapati705495
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

GOVERIsMENf OF IHE INDIAN UMON 62 r

litone for appeal to the Supieme Couit, and wheie the


judgment, appealed from affirms the decision of the couit
immediately below, in any case other than a case referred to
in Item C, if the High Couit further certifies that the appeal
involves some substantial question of law
has also been It
provided that no appeal shall he to the Supreme Couit from
the judgment, decree oi final order of one judge of a High
Court
In regard to criminal matteis, an appeal shall lie to the
Supreme Court from the judgment of a High Court, if the
Idtter (a) has on appeal reversed an ordei of acquittal of an
accused person and sentenced him to death oi (b) has with- .

drawn for trial before itself any case from any court sub-
ordinate to Its authority and has m
such tiial convicted the
accused person and sentenced him to death or (c) certifies ,

that the case is a fit one foi appeal to the Supreme Couit
Parliament has been authoiised to enlaige the appellate juris-
diction of the Supreme Couit m
criminal cases

Besides these, the constitution has conferred upon the


Supreme Court wide poweis, exeicisable in its disci etion, to
grant special leave to appeal from any judgment, deciee,
determination, sentence, oi older m
any case or matter
passed or made by any couit India m
Parliament has been empowered to confei on the Supieme
Court power to issue directions, older oi writs, including writs
in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, or any of them for the enforcement
of Fundamental Rights

has also been provided that the Supieme Couit will


It
have the power of leviewmg any judgment pronounced by it
and the law declared by it shall be binding upon all courts
m India.

The Supieme Court will also exercise its advisoiy func-


tion in so far as it will be called upon by the President to
give opinion whenever tlie lattei will seek the opinion of the
court on important questions of law and fact The judgments
and opinion of the Supreme Court must be declared in open
court

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