SUPREME COURT: A COURT OF RECORD AND ITS POWER

The Supreme court, the Apex court of India, acts as an appellate court whose decision is binding on all other courts(i.e., District courts or High courts) of India.

It also acts as a court of record under Article 129 of the constitution of India. A court of record, a court whose powers and proceedings get as reference for perpetuity and testimony. These records are of high evidentiary value and cannot be brought into question when presented before any other court.

A court of record can punish and imprison for any offence, including the power to punish for its contempt.

Article 129 states, ” Supreme court to be a court of Record- The supreme court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt for itself”.

Above that, Article 142 allows the court of record to punish for its contempt, subject to any other law made by parliament. Similar to Article 129, Article 215 grants a court of record powers to all different High courts throughout the country.

Introduction to the Supreme Court Of India

The Supreme court of India, the apex judicial body of India, is the final appellate body. Its decisions are considered legal precedents and references by all other subordinate courts throughout the country.

Besides performing Judicial functions, it also performs quasi-legislative and quasi-executive functions.

The apex court has original, appellate, and advisory jurisdiction along with the power of Judicial review. The court of record has its basic power of judicial review through which it reviews any law formed by the legislature as violative of constitutional powers(ultra-vires) or not.

The doctrine of judicial review gets considered as the basic function of the court of record. It cannot be taken away by any amendment under article 368 of the constitution of India.

The Supreme court incorporates the inherent power to punish for its contempt under articles 129 and 142 of India’s constitution. The high court also has these inherent powers, being a court of record under Article 215 of the constitution of India.

In the case: Sukhdev Singh Sodhi v. the chief justice and judges of Pepsu high court 1954 SCR 454, the supreme court found that after considering the judgements of the privy council and high courts, high courts also have the power to punish for the contempt of the subordinate courts.

Appellate Jurisdiction

The Apex court has appellate jurisdiction under Articles 132(1), 133(1), 134, 136 of the constitution of India. Appellate jurisdiction can be invoked to the supreme court in four cases, i.e.,

1. Constitutional matters,
2. civil matters,
3. criminal matters,
4. by special leave.

An appeal to the Supreme court lies under Article 133 in civil matters when the concerned High court certifies:

• When there’s a considerable question of law.
• In the opinion of the High court, that case needs to get decided.
• Or the party approaching the court of record can raise an issue that the high court wrongly decided the substantive question of law as to the interpretation of the statute.

And, In criminal matters, the appeal to the Supreme court lies:

• If the plea for acquittal of an accused gets reversed, sentenced to death or imprisonment for life for not less than ten years.
• If any state’s high court withdraw for trial before itself in any case or from any court subordinate to its authority and sentenced the accused person to death
• If the High court certifies that the case is fit to appeal under article 134A to the Supreme court of India

The court of record also gets extensive appellate jurisdiction over all courts and tribunals in India.

Under Article 136 of India’s constitution, the Supreme court may grant special leave in its discretion against any judgement, order, decree, statement, etc., passed by or made by any court or tribunal throughout the country. Nothing in article 136(1) applies to any tribunal or court constituted by or under any law related to the armed forces. So, its appellate jurisdiction is restricted by article 136(2).

Under Article 134(2), Parliament may confer additional powers on the Supreme court to address appeals from orders, judgements, sentences in criminal proceedings, etc., of a high court subject to provisions specified by law.

This power of appellate jurisdiction of the supreme court is not arbitrary and subject to provisions of law.

Can you Appeal directly to the Supreme Court of India?

No, you can’t appeal directly to the Supreme court. As per the procedure, you have to approach the subordinate courts, and then you can appeal against the order of the subordinate courts. Appeals can’t be made directly to the apex court.

What is the time limit for Appeal to the Supreme Court?

The Limitation period prescribed to file the appeal in criminal or constitutional matter or special leave petition to the apex court is 90 days from the date of judgement or decree passed by the High court.

In civil cases, if the high court grants a certificate under 134A against the decree or order, then the limitation period is 60 days.

In the case of Special leave petitions, if the high court refuses to grant a certificate under article 134A, then the limitation period is 60 days

Appeals against arbitral awards can also get filed in the apex court within 90 days.

In a recent case of N.V. International v. the state of Assam (2020) 2 SCC 109, The supreme court, while refusing to condone a delay in appeal, stated that the limitation period for an appeal against an arbitral award to the apex court is 90 days with a grace period of 30 days.

Conclusion

The supreme court serves as the guardian of all the organs of government. It keeps a check on all organs of government and the bodies which perform its functions. It also keeps an eye on the legislative function through its process of judicial review.

Its power of appellate jurisdiction ensures that the ends of justice meet by keeping acting as a monitor over the activities of subordinate judicial bodies(i.e., high courts, district courts & tribunals, etc.).

Lastly, the Supreme court ensures no one shall get denied justice, and everyone shall get heard in his/her defence.