How to file an Appeal to Supreme Court?

The Supreme Court has authority over first, appeals and judicial issues. Its original exclusive jurisdiction applies to any conflict between the Government of India and one or more States or between the Government of India and any State or States on the one hand, or between two or more States on the other, whether and insofar as the conflict includes some issue (whether of law or fact) on which the presence or degree of a legal right depends. In fact, Article 32 of the Constitution grants the Supreme Court broad original authority over the protection of Human Rights. It is allowed to give instructions, directives or writs to execute them, including writings such as Habeas Corpus, Mandamus, Prohibition , Quo Warranto and Certiorari.

The Supreme Court was given the power to direct the transfer of any civil or criminal case from one State High Court to another State High Court or from another State High Court. The Supreme Court, if it is satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or two or more High Courts and that such matters are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases by itself. Global contractual negotiation can also be conducted before the Supreme Court under the Arbitration and Conciliation Act, 1996.

The Supreme Court ‘s jurisdiction to appeal may be invoked by a certificate granted by the High Court concerned pursuant to Article 132(1), 133(1) or 134 of the Constitution in respect of any High Court’s judgment, decree or final order in both civil and criminal cases involving substantial questions of law as to the interpretation of the Constitution. Appeals in civil cases often rest with the Supreme Court, whether the High Court certifies:

(A) the case addresses a significant topic of law of general significance, and

(B) that, in the High Court ‘s view, the Supreme Court will rule on the issue. For court proceedings, an appeal is placed to the Supreme Court, whether the Lower Court

(A) overturned an order of acquittal of an convicted person on appeal and sentenced him to death or life imprisonment or a term not less than 10 years, or

(B) have removed any petition from any Court subject to its jurisdiction for prosecution before it and have prosecuted the victim in that court and sentenced him to death or incarceration for life or for a term not less than 10 years, or

(C) deemed the petition to be eligible for review before the Supreme Court. Parliament is allowed to impose additional rights on the Supreme Court to accept and consider appeals from any decision, final order or conviction in a High Court criminal case.

The Supreme Court also has a very broad appeal authority over all courts and tribunals in India to the degree that it can, at its discretion, grant unique leave to appeal under Article 136 of the Constitution from any verdict, declaration, resolution, sentence or order passed or rendered by any court or tribunal in the territory of India in any case or matter. 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 was allowed to prosecute itself for contempt of the Court, with the authority to convict itself for contempt. In the event of a contempt other than the contempt referred to in Rule 2, Part I of the Rules of Procedure for the Contempt of the Supreme Court, 1975, the Court may take action (a) Suo motu, or (b) on a petition submitted by the Attorney General or the Solicitor General, or (c) on a petition submitted by any person, and in the case of a criminal offense with the written consent of the Attorney General or the Attorney General

Under Order XL of the Rules of the Supreme Court, the Supreme Court may reconsider its decision or order but no motion for clarification shall be considered in a civil case except on the grounds set out in Order XLVII, Rule 1 of the Criminal Procedure Code and a criminal trial, except on the grounds of an obvious mistake in the face of the record.

PUBLIC INTEREST LITIGATION

Although the proceedings before the Supreme Court stem from the judgments or orders of the Subordinate Courts, including the High Courts, the Supreme Court has late begun to entertain matters of general public interest and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Court’s Filing Counter or by addr This definition is popularly regarded as ‘Public Interest Litigation’ and many widely important concerns have become seminal events. This definition is peculiar even to India’s Supreme Court and maybe no other court in the world has practiced such exceptional authority. A Writ Petition submitted at the Filing Counter is managed and treated as such, much as every other Writ Petition. The same shall be dealt with in the case of a letter sent to Hon’ble the Chief Justice of India following the criteria set out for that reason.

PROVISION OF LEGAL AID

Unless a person belongs to the poor section of the society with an annual income of less than Rs. 18,000/- or belongs to Scheduled Caste or Scheduled Tribe, is a survivor of natural calamity, is a wife or infant or a mentally challenged or otherwise disabled individual or an industrial worker, or is in custody including custody in nursing homes, he / she is entitled to free legal assistance from the Lega of the Supreme Court The aid granted by the Committee includes the costs of preparing the case and all the applications connected with it, as well as providing a lawyer to prepare and argue the case. Any individual wanting to have legal aid accessible via the Committee will send a request to the Secretary and turn over to him all the required documentation related to his situation. Upon ascertaining the person’s fitness, the Committee provides him / her with appropriate legal assistance.

Individuals belonging to the middle income community , i.e. with income over Rs. 18,000/- but under Rs. 1,20,000/- every year, are entitled to seek legal aid on small payments from the Supreme Court Middle Income Class Society.

AMICUS CURIAE

If a petition is received from the prison or in any other criminal matter if the accused is unrepresented then the Court appoints an Advocate as amicus curiae to defend and argue the accused’s case. The Court may also appoint an Advocate as amicus curiae in civil matters if it considers it necessary in the case of an unrepresented party; the Court may also appoint amicus curiae in any matter of general public importance or involving the general interest of the public.

HIGH COURTS

The High Court stands at the head of the judicial administration of a state. The country has 24 High Courts, three with jurisdiction over more than one State. Delhi alone has a High Court of its own inside the Union Territories. All six regions of the Union come under the control of different high courts of india. Each High Court shall consist of a Chief Justice and such other Judges as the President may appoint from time to time. The President appoints the chief justice of a high court in conjunction with the Indian chief justice and the state governor. The procedure for the appointment of puîne Judges is the same except that the relevant High Court chief justice is also consulted. They hold office until age 62 and are removable in the same way as a Supreme Court Judge. In order to be qualified for election as a judge, one must be a citizen of India and have held a judicial office in India for ten years or have served in succession for a comparable time as an Adovcate of a High Court or two or more such courts.

High Court shall have the power to give directives, instructions or writings to any individual within its jurisdiction, including such writings as habeas corpus, mandamus, prohibition, quo warranto and certiorari for the protection of Fundamental Rights and some other intent. Such power can even be exercised by any High Court having jurisdiction over territories where, entirely or in part, the reason of the litigation occurs for the exercise of such control, even if the seat of any government or authority or residence of such individual is not within such territories.

Each High Court has superintendence powers within its jurisdiction over all Courts. It may call for returns from such courts, make and issue general rules and prescribe forms to regulate their practice and proceedings, and determine how and how book entries and accounts are to be maintained. The accompanying Table (* Ann. A) provides the High Courts seat and local authority.

ADVOCATE GENERAL

For every State there is an Attorney General, named by the Governor, who retains office at the Governor’s pleasure. He has to be a competent person to be named high court judge. He shall advice State Governments on certain legal matters and conduct any other legal duties as the Governor can refer to him or appoint him. The Advocate General retains the opportunity to comment and engage, without the ability to vote, in the State Legislative hearings.

LOK ADALATS

The State Legal Assistance and Advisory Boards supervise Lok Adalats which are volunteer organisations. They have proven themselves to be a effective alternate venue for conflict settlement via the conciliatory process.

The Legal Services Authority Act, 1987 provides the legal aid campaign with legislative recognition and it further allows for the creation of Federal , State and District Legal Services Authority. These authorities will be having their income. Therefore, it must gain regulatory recognition from Lok Adalats which are essentially informal departments. Each Lok Adalats award shall be deemed to be a civil court decree or a tribunal order, and shall be final and binding on the parties to the litigation. This also states that the trial cost charged by the parties should be refunded in respect of cases ruled on at a Lok Adalat.

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