APPELLATE JURISDICTION

Introduction

The higher court has the power to change or review the decision, which has been given by the lower court. It is known as appellate jurisdiction. In India, the Supreme Court can take this decision in some cases such as criminal cases, civil cases, etc. Appellate Jurisdiction always occurs equally in Criminal as well as Civil Law. In a case, the appellate party can challenge the decision of the lower court, which is known as appeal and the additional party is called appellate. The appellate court here the case for which the party appeals typically file this appeal which contests the lower court’s decision.

Appellate Jurisdiction: Overview

Appellate Jurisdiction has power to adjust the decision of lower court after hearing all the details from the appellate party. Here the party can challenge the lower court’s decision and can appeal in the higher court to get justice. Two typical types of appeals have in this Appellate Jurisdiction: Appeal for a right justice and Discretionary appeal. Also, there is a state court system in each state. Each state has its state court system and they allow Appellate Jurisdiction and respect their decision. Moreover, the appellate jurisdiction is also based on the appeals when the party is not agreeing with the same decision of lower court then they appeal in the High Court for further identification and review the cases again properly. Also, they can get justice from the Appellate Jurisdiction’s decision. Civil appellate law and Criminal appellate law are two main bases of appellate Jurisdiction.

Types of Appellate Jurisdiction

Appellate Jurisdictions have two types of appeal. Those are Appeals for a right justice and Discretionary appeal.

Appeal for a right to justice

This appeal is mainly for the right of justice of the party, which can already get a lower court’s decision, and they could not be satisfied with this decision. Then they appealed in other courts and also could not get any approval from the other courts. Then they can apply for this case in the Higher court. They listen to the thorough details properly and undertake a final decision against this case. 

Discretionary appeal

This appeal is mainly based on two factors. The first one is an appellate court’s discretion to make a decision is, right to allow the party’s appeal or not. Also, they can choose the case file which one appeals by the party after getting a result from the lower court. The other one is appellate jurisdiction can take the case file from the party and they will give their final decision after analysing the total case properly with all evidence. This time the appellate party must follow and agree with this decision.

Appellate jurisdiction permit by Supreme Court

Appellate jurisdiction in context to the Supreme Court is permitted through a diploma that granted by High Court and it concerned below the “Article 133(1), 132(1), or 134” that constitutes a different or many kinds of judgement, final order from High Court, that’s all are applicable in Civil and Criminal cases. The Supreme Court has a very wide appellate jurisdiction in India in all other courts, it may at the discretion allow the special leave to which one appeals below the “Article 136” against judgement, determination, decree in any type of cause or the matter that passed by any Court. Civil law and Criminal law both exist in this system.The system law is concerned with the private relation members who are all related with the criminal affairs and the Criminal law is a system where it can be identified or concerned about the punishment of the individuals who commit the crimes.

Conclusion

Appellate jurisdiction is considered as the power of the high court that reviews the decision as well as modifies specific changes in the results of decision which is being made by lower court. Appellate jurisdiction has the power to determine a case, remand a case as well as it frames the issues in order to refer them for trial purpose. Appellate jurisdiction can reverse lower court decree if there is no justification. Appellate jurisdiction decides the extent of deference that would give to a lower court’s decision which is based on the appeal that was being stated as a factual appeal. The appellate court has the authority to review the lower court decision which varies widely initiating from one jurisdiction and goes to the other jurisdiction.