Appellate jurisdiction
Also called: Articles 132-134 · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"
Meaning
Appellate jurisdiction is the Supreme Court's power, as the highest court of appeal, to hear appeals against High Court decisions. There are three routes:
- Art. 132, constitutional cases: the High Court must give a certificate that the case is fit for appeal (Art. 134A).
- Art. 133, civil cases: the case must involve a substantial question of law. The 30th Amendment, 1972 removed the old test based on the money involved.
- Art. 134, criminal cases: for example, when a High Court overturns an acquittal and sentences the accused to death.
Example
A person is acquitted (found not guilty) by a trial court, but the High Court reverses the acquittal and sentences them to death. That person can appeal to the Supreme Court under Art. 134.
Don't confuse with
- Special leave petition (Art. 136): here the Supreme Court has discretion. It may allow an appeal against any judgment of any court or tribunal (except armed-forces tribunals). No High Court certificate is needed.
- Original jurisdiction (Art. 131): here a dispute starts in the Supreme Court itself, such as a Union-state dispute. It does not come up on appeal.