What is mean by appeal? ‘No appeal unless otherwise provided’, Explain.

Que: What is mean by appeal? ‘No appeal unless otherwise provided’, Explain.

Ans: 

Introduction

The concept of appeal is fundamental to the legal system, allowing parties to challenge decisions made by lower courts or tribunals. It serves as a critical mechanism for reviewing and rectifying errors in judgments, ensuring that justice is upheld. However, the principle of "No appeal unless otherwise provided" is a pivotal aspect of this process. In this comprehensive article, we will delve into the meaning and significance of appeals in both civil and criminal contexts, the constitutional underpinnings, and the guiding principle that governs when appeals are permissible.

Historical Context

The right to appeal has a rich historical foundation, dating back to ancient legal systems that recognized the need for judicial review. In India, the evolution of appeal mechanisms can be traced to the colonial era and the development of comprehensive legal codes. Over time, the appellate process has been refined to ensure that individuals have access to a fair and impartial review of their cases.

Civil and Criminal Dimensions

1. What is an Appeal?

An appeal is a legal process that allows a party dissatisfied with a lower court or tribunal's decision to seek a review of that decision before a higher authority or appellate court. The appellate court has the authority to examine the lower court's findings, legal interpretations, and procedural aspects of the case. It may affirm, modify, reverse, or remand the decision.

2. "No Appeal Unless Otherwise Provided"

The principle of "No appeal unless otherwise provided" is a fundamental legal doctrine that governs the availability of appeals. This doctrine signifies that the right to appeal is not automatic and must be explicitly granted by law. In other words, a person seeking to appeal a decision must establish that there is a specific provision allowing for such an appeal in the relevant statute or legal framework.

Civil Appeals

In civil cases, the right to appeal typically arises from statutory provisions, procedural rules, or substantive laws. Key aspects of civil appeals include:

1. Statutory Provisions

Most civil appeals are governed by statutory provisions. For example, the Code of Civil Procedure (CPC) contains detailed provisions regarding civil appeals, outlining the process, grounds, and limitations for appealing civil judgments.

2. High Court Jurisdiction

In many civil matters, appeals are filed before the respective High Courts. The High Courts have original jurisdiction to hear appeals from subordinate courts within their territorial jurisdiction.

Criminal Appeals

In criminal cases, the right to appeal is equally significant. The criminal appeal process includes:

1. Statutory Framework

Criminal appeals are primarily governed by the Code of Criminal Procedure (CrPC). It provides for the filing of appeals against criminal judgments, including those passed by trial courts.

2. Right to Appeal

The right to appeal in criminal cases is a statutory right. Accused individuals who have been convicted or acquitted can appeal against the judgment if they believe there has been a legal or procedural error.

Constitutional Dimension

The principle of "No appeal unless otherwise provided" is deeply rooted in the Indian Constitution. Several constitutional provisions ensure that the right to appeal is upheld:

1. Article 136 - Special Leave Petition

Article 136 of the Indian Constitution grants the Supreme Court the discretionary power to grant special leave to appeal against 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. This article serves as a constitutional safeguard for the right to appeal.

2. Article 227 - Superintendence of High Courts

Article 227 empowers High Courts to exercise superintendence over subordinate courts within their jurisdiction. This includes the authority to entertain appeals against decisions of subordinate courts to ensure they are in conformity with the law.

3. Article 32 and Article 226 - Writ Jurisdiction

While not strictly appeals, the writ jurisdiction under Article 32 (Supreme Court) and Article 226 (High Courts) allows individuals to seek judicial review of decisions that violate fundamental rights. These constitutional provisions play a vital role in correcting injustices and ensuring the rule of law.
Significance and Unique Features

Appeals serve several vital functions within the legal system:

1. Error Correction

Appeals are a mechanism for identifying and rectifying errors in lower court judgments. They ensure that cases are decided based on the correct application of law and evidence.

2. Access to Justice

Appeals provide individuals with an avenue to seek justice, especially when they believe they have been wronged by a lower court's decision. This access to justice is a fundamental tenet of a fair legal system.

3. Legal Precedent

Appellate court decisions often establish legal precedents that guide future cases. These precedents contribute to the development of jurisprudence and legal principles.

4. Fair Process

Appeals contribute to the fairness of the legal process by allowing parties to present their arguments and evidence before a higher, impartial authority.

5. Constitutional Safeguards

Constitutional provisions such as Articles 136, 227, 32, and 226 ensure that the right to appeal is upheld and that the judiciary acts as a check on the actions of lower courts and administrative authorities.

Conclusion

The principle of "No appeal unless otherwise provided" is a cornerstone of the legal system, ensuring that appeals are not granted arbitrarily but are based on specific legal provisions. Appeals, whether in civil or criminal cases, play a crucial role in safeguarding individual rights, correcting errors, and upholding the rule of law. They embody the principle that justice should not only be done but should also be seen to be done. As India continues to evolve, the right to appeal remains a vital component of the legal framework, ensuring that individuals have recourse when they believe they have been subjected to injustice.

References:

1. The Code of Civil Procedure, 1908. (Available at: https://indiankanoon.org/doc/251979/)
2. The Code of Criminal Procedure, 1973. (Available at: https://indiankanoon.org/doc/109625/)
3. The Constitution of India. (Available at: https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf)
4. Kumar, V. (2016). Civil Procedure, 7th Edition. LexisNexis India.
5. Ratanlal & Dhirajlal. (2017). The Code of Criminal Procedure, 20th Edition. LexisNexis India.
6. Malik, S.C. (2020). Criminal Procedure (Incorporating the Criminal Law (Amendment) Act, 2018), 10th Edition. Eastern Book Company.

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