Appellate jurisdiction refers to the power of a court to review decisions and change outcomes of decisions of lower courts. The appellate jurisdiction extends to constitutional, civil, and criminal cases.
Constitutional Cases: All matters under the High Court which involve the interpretation of the Constitution can be brought before the Supreme Court.
Civil Cases: Appeals can be made to the Supreme Court if the High Court certifies that
- The case involves an important question of law of general importance.
- The case needs to be decided by the Supreme Court.
- If the High Court refuses to give a certificate, the Supreme Court can grant special leave to appeal incertain cases.
Criminal Cases: Two types of appeals in criminal cases can be referred to the Supreme Court if cases with or without the certificate lie before the High Court. The certificate of the High Court is not required in a case where
- The High Court has reversed the judgment given by the lower court of acquittal and punished the accused with a death sentence.
- The High Court withdraws a case from the lower court and gives a death sentence to the accused.
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The Supreme Court
The Supreme Court is the head of the Indian judiciary and supervises the functions of the lower courts. A single civil and criminal system of laws operates all over the country. By the way of appeal, cases from the High Court may be taken to the Supreme Court. Read more