Appellate Jurisdiction: The Supreme Court is the highest court in India. Under Appellate jurisdiction, the Supreme court only takes up such cases that come on appeal. It has no power to take up such cases, which is not asked to take up.
The appellate jurisdiction can be studied under the following three heads:
1. Constitutional Cases: The cases that come before the Supreme court are as follows:
- The cases involving a question of law relating to the interpretation of the constitution or certification by the High court.
- The Supreme Court can take up a case if the High court in its opinion feels that the case involves substantial question of law, which should be decided by the Supreme court.
2. Civil Cases : Originally Article 133 provided for an appeal against the high court order if it certified that the amount involved was less than Rs. 20,000 and the case is fit for appeal. But, the Law Commission found the logic unreasonable and as a result, the 30th Amendment of 1972 did away with the ceiling of Rs. 20,000. The Supreme Court can take up the civil appeal if the High court certifies that the case involves a substantial question law of general importance. The certification by the High court is essential in these cases.
3. ** Cases:** Article 134 provide for an appeal to the Supreme court against the judgment of the High Court under the following conditions:
- If the High Court has reversed a decision of release of an accused and has given him a ***** sentence.
- In a case where the High court has exercised the authority of a lower court and given a ***** sentence to the accused.
- In any **** case if the High court certifies that the case is fit for appeal in the Supreme Court.
