With reference to the powers and functions of the High Court, explain briefly the meaning and scope of the following:
Its Appellate Jurisdiction
Topic: Appellate Jurisdiction of the High Court
Answer
Appellate Jurisdiction is the power of the High Court to hear APPEALS against the judgements of the courts subordinate to it — cases already decided by a lower court and brought before the High Court against that decision.
Its scope covers: (1) CIVIL cases — appeals from the decisions of District Judges and Subordinate Judges where the value of the suit exceeds a prescribed amount, or where a substantial question of law is involved. (2) CRIMINAL cases — appeals from the decisions of Sessions Judges; and where a Sessions Court has passed a sentence of death, the sentence cannot be carried out until it is CONFIRMED by the High Court. (3) CONSTITUTIONAL cases — appeals involving the interpretation of the Constitution.
Three marks, so give the meaning and then the scope under its heads — civil, criminal, constitutional. The definition must contain the word APPEAL and the idea that the case has ALREADY been decided below; that is what distinguishes appellate from original jurisdiction. The confirmation of death sentences is the detail most often omitted and is the most striking illustration of the High Court’s supervisory role.