The Supreme Court’s Appellate Role: A Comparative Analysis Of India And The United States Of America
- IJLLR Journal
- Feb 14
- 2 min read
Pritam Kumar Samal, Faculty Associate, KIIT School of Law, KIIT University, Bhubaneswar & PhD Scholar, Xavier Law School, XIM University, Bhubaneswar
Anwesh Panigrahi, PhD Scholar and Teaching Assistant, KIIT School of Law, KIIT University, Bhubaneswar
Shreya, PhD Scholar and Teaching Assistant, KIIT School of Law, KIIT University, Bhubaneswar
INTRODUCTION
The federal court of India and the British Privy Council was succeeded and replaced by the Supreme Court as the highest court of appeal. The Supreme Court hears appeals against the judgements of subordinate courts and also considered as court of appeals. Appellate jurisdiction can be classified as appeals in constitutional matters, appeals in criminal matters, appeals in civil matters, and appeals by special leave.
As the writ and decrees of the Supreme Court run throughout the country, hence, it can be inferred that powers and jurisdiction of the Supreme Court in their extent and nature are wider than those exercised by any other court of the country.
Appellate Jurisdiction means the cases which comes to the Supreme Court in the form of appeals against the judgement of lower courts. Supreme Court is the final authority in every matter that involves elaboration and interpretation of the constitution despite of the fact that it is a civil matter or criminal matter or any other proceedings. “In respect of any judgment, decree or final order of a High Court in both civil and criminal cases which involves substantial question of laws as to interpretation of the constitution, the appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under article 132(1), 133(2) and 134 of the constitution.1”
The Supreme Court has a discretion where it can grant special leave to appeal from any judgement, decree, order, sentence or determination made by any court or tribunal in the territory of India under article 136 of the constitution. This shows how wide is the Supreme Court’s appellate jurisdiction.2
