The
appellate jurisdiction of the Supreme Court can be invoked
by a certificate granted by the High Court concerned under
Article 132(1), 133(1) or 134 of the Constitution in respect
of any judgement, decree or final order of a High Court in
both civil and criminal cases, involving substantial
questions of law as to the interpretation of the
Constitution. Appeals also lie to the Supreme Court in civil
matters if the High Court concerned certifies : (a) that the
case involves a substantial question of law of general
importance, and (b) that, in the opinion of the High Court,
the said question needs to be decided by the Supreme Court.
In criminal cases, an appeal lies to the Supreme Court if
the High Court (a) has on appeal reversed an order of
acquittal of an accused person and sentenced him to death or
to imprisonment for life or for a period of not less than 10
years, or (b) has withdrawn for trial before itself any case
from any Court subordinate to its authority and has in such
trial convicted the accused and sentenced him to death or to
imprisonment for life or for a period of not less than 10
years, or (c) certified that the case is a fit one for
appeal to the Supreme Court. Parliament is authorised to
confer on the Supreme Court any further powers to entertain
and hear appeals from any judgement, final order or sentence
in a criminal proceeding of a High Court.
The
Supreme Court has also a very wide appellate jurisdiction
over all Courts and Tribunals in India in as much as it may,
in its discretion, grant special leave to appeal under
Article 136 of the Constitution from any judgment, decree,
determination, sentence or order in any cause or matter
passed or made by any Court or Tribunal in the territory of
India.
The
Supreme Court has special advisory jurisdiction in matters
which may specifically be referred to it by the President of
India under Article 143 of the Constitution. There are
provisions for reference or appeal to this Court under
Article 317(1) of the Constitution, Section 257 of the
Income Tax Act, 1961, Section 7(2) of the Monopolies and
Restrictive Trade Practices Act, 1969, Section 130-A of the
Customs Act, 1962, Section 35-H of the Central Excises and
Salt Act, 1944 and Section 82C of the Gold (Control) Act,
1968. Appeals also lie to the Supreme Court under the
Representation of the People Act, 1951, Monopolies and
Restrictive Trade Practices Act, 1969, Advocates Act, 1961,
Contempt of Courts Act, 1971, Customs Act, 1962, Central
Excises and Salt Act, 1944, Enlargement of Criminal
Appellate Jurisdiction Act, 1970, Trial of Offences Relating
to Transactions in Securities Act, 1992, Terrorist and
Disruptive Activities (Prevention) Act, 1987 and Consumer
Protection Act, 1986. Election Petitions under Part III of
the Presidential and Vice Presidential Elections Act, 1952
are also filed directly in the Supreme Court.
Under
Articles 129 and 142 of the Constitution the Supreme Court
has been vested with power to punish for contempt of Court
including the power to punish for contempt of itself. In
case of contempt other than the contempt referred to in Rule
2, Part-I of the Rules to Regulate Proceedings for Contempt
of the Supreme Court, 1975, the Court may take action (a)
Suo motu, or (b) on a petition made by Attorney General, or
Solicitor General, or (c) on a petition made by any person,
and in the case of a criminal contempt with the consent in
writing of the Attorney General or the Solicitor General.
Under
Order XL of the Supreme Court Rules the Supreme Court may
review its judgment or order but no application for review
is to be entertained in a civil proceeding except on the
grounds mentioned in Order XLVII, Rule 1 of the Code of
Civil Procedure and in a criminal proceeding except on the
ground of an error apparent on the face of the record.
PUBLIC
INTEREST LITIGATION
Although the proceedings in the Supreme Court arise out of
the judgments or orders made by the Subordinate Courts
including the High Courts, but of late the Supreme Court has
started entertaining matters in which interest of the public
at large is involved and the Court can be moved by any
individual or group of persons either by filing a Writ
Petition at the Filing Counter of the Court or by addressing
a letter to Hon'ble the Chief Justice of India highlighting
the question of public importance for invoking this
jurisdiction. Such concept is popularly known as 'Public
Interest Litigation' and several matters of public
importance have become landmark cases. This concept is
unique to the Supreme Court of India only and perhaps no
other Court in the world has been exercising this
extraordinary jurisdiction. A Writ Petition filed at the
Filing Counter is dealt with like any other Writ Petition
and processed as such. In case of a letter addressed to
Hon'ble the Chief Justice of India the same is dealt with in
accordance with the guidelines framed for the purpose.
PROVISION OF
LEGAL AID
If a
person belongs to the poor section of the society having
annual income of less than Rs. 18,000/- or belongs to
Scheduled Caste or Scheduled Tribe, a victim of natural
calamity, is a woman or a child or a mentally ill or
otherwise disabled person or an industrial workman, or is in
custody including custody in protective home, he/she is
entitled to get free legal aid from the Supreme Court Legal
Aid Committee. The aid so granted by the Committee includes
cost of preparation of the matter and all applications
connected therewith, in addition to providing an Advocate
for preparing and arguing the case. Any person desirous of
availing legal service through the Committee has to make an
application to the Secretary and hand over all necessary
documents concerning his case to it. The Committee after
ascertaining the eligibility of the person provides
necessary legal aid to him/her.
Persons belonging to middle income group i.e. with income
above Rs. 18,000/- but under Rs. 1,20,000/- per annum are
eligible to get legal aid from the Supreme Court Middle
Income Group Society, on nominal payments.
AMICUS
CURIAE
If a
petition is received from the jail or in any other criminal
matter if the accused is unrepresented then an Advocate is
appointed as amicus curiae by the Court to defend and argue
the case of the accused. In civil matters also the Court can
appoint an Advocate as amicus curiae if it thinks it
necessary in case of an unrepresented party; the Court can
also appoint amicus curiae in any matter of general public
importance or in which the interest of the public at large
is involved.
HIGH COURTS
The
High Court stands at the head of a State's judicial
administration. There are 18 High Courts in the country,
three having jurisdiction over more than one State. Among
the Union Territories Delhi alone has a High Court of its
own. Other six Union Territories come under the jurisdiction
of different State High Courts. Each High Court comprises of
a Chief Justice and such other Judges as the President may,
from time to time, appoint. The Chief Justice of a High
Court is appointed by the President in consultation with the
Chief Justice of India and the Governor of the State. The
procedure for appointing puisne Judges is the same except
that the Chief Justice of the High Court concerned is also
consulted. They hold office until the age of 62 years and
are removable in the same manner as a Judge of the Supreme
Court. To be eligible for appointment as a Judge one must be
a citizen of India and have held a judicial office in India
for ten years or must have practiced as an Advocate of a
High Court or two or more such Courts in succession for a
similar period.
Each
High Court has power to issue to any person within its
jurisdiction directions, orders, or writs including writs
which are in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari for enforcement of
Fundamental Rights and for any other purpose. This power may
also be exercised by any High Court exercising jurisdiction
in relation to territories within which the cause of action,
wholly or in part, arises for exercise of such power,
notwithstanding that the seat of such Government or
authority or residence of such person is not within those
territories.
Each
High Court has powers of superintendence over all Courts
within its jurisdiction. It can call for returns from such
Courts, make and issue general rules and prescribe forms to
regulate their practice and proceedings and determine the
manner and form in which book entries and accounts shall be
kept. The following Table (*Ann.A) gives the seat and
territorial jurisdiction of the High Courts.
ADVOCATE
GENERAL
There
is an Advocate General for each State, appointed by the
Governor, who holds office during the pleasure of the
Governor. He must be a person qualified to be appointed as a
Judge of High Court. His duty is to give advice to State
Governments upon such legal matters and to perform such
other duties of legal character, as may be referred or
assigned to him by the Governor. The Advocate General has
the right to speak and take part in the proceedings of the
State Legislature without the right to vote.
LOK ADALATS
Lok
Adalats which are voluntary agencies are monitored by the
State Legal Aid and Advice Boards. They have proved to be a
successful alternative forum for resolving of disputes
through the conciliatory method.
The
Legal Services Authorities Act, 1987 provides statutory
status to the legal aid movement and it also provides for
setting up of Legal Services Authorities at the Central,
State and District levels. These authorities will have their
own funds. Further, Lok Adalats which are at present
informal agencies will acquire statutory status. Every award
of Lok Adalats shall be deemed to be a decree of a civil
court or order of a Tribunal and shall be final and binding
on the parties to the dispute. It also provides that in
respect of cases decided at a Lok Adalat, the court fee paid
by the parties will be refunded.
