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Question
Explain the Appellate Jurisdiction of the Supreme Court.
Solution
The cases which come to the Supreme Court to appeal from the decision or order of High Court or a Tribunal in India come under as ‘Appellate Jurisdiction’. Appellate Jurisdiction covers three types of cases:
(i) Constitutional Cases: An appeal can lie to the Supreme Court from any judgment or order of a High Court, whether in civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
(ii) Civil Cases: If the High Court certifies that the case involves a substantial question of law
and the said questions needs to be decided by the Supreme Court then an appeal can lie to the Supreme Court.
(iii) Criminal Cases: An appeal can lie to the Supreme Court against the judgment of a High Court in criminal cases if:
(a) The High Court has reversed the judgment of Lower Court and converted the acquittal into death sentence; or
(b) The High Court has reversed the judgment of the Subordinate Court and converted capital punishment into acquittal, or
(c) The High Court gives certificate that case (criminal) is fit to be sent for appeal to the Supreme Court.
The Supreme Court has the power to grant special leave to appeal against any judgment or order of any court or tribunal.
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