ADMINISTRATIVE LAW PROJECT

Appeals; A means of Redressal in Administrative Actions

SUBMITTED BY :
VANSHIKA LAMBA

BA LLB

SEM - 4

SEC A
 Introduction

An appeal is the process in which cases are reviewed, where parties request a formal change
to an official decision. Appeals function both as a process for error correction as well as a
process of clarifying and interpreting law. Although appellate courts have existed for
thousands of years, common law countries did not incorporate an affirmative right to appeal
into their jurisprudence until the 19th century.
Some courts permit appeals at preliminary stages of litigation, most litigants appeal final
orders and judgments from lower courts. A fundamental premise of many legal systems is
that appellate courts review questions of law de novo, but appellate courts do not conduct
independent fact-finding. Instead, appellate courts generally defer to the record established by
the trial court, unless some error occurred during the fact-finding process. Many jurisdictions
provide a statutory or constitutional right for litigants to appeal adverse decisions.
The appellate process usually begins when an appellate court grants a party's petition for
review or petition for certiorari Unlike trials, appeals are generally presented to a judge, or a
panel of judges, rather than a jury. Before making any formal argument, parties generally
submit legal briefs in which the parties present their arguments. Appellate courts may also
grant permission for an amicus curiae to submit a brief in support of a particular party or
position. After submitting briefs, parties often have the opportunity to present an oral
argument to a judge or panel of judges. During oral arguments, judges often ask question to
attorneys to challenge their arguments or to advance their own legal theories. After
deliberating in chambers, appellate courts will issue formal opinions that resolve the legal
issues presented for review.
Appellate courts generally affirm, reverse, or vacate the decision of a lower court. Courts
maintain a dual function, where they consider both appeals as well as matters of "first
instance". Some jurisdictions maintain a system of intermediate appellate courts, which are
subject to the review of higher appellate courts. The highest appellate court in a jurisdiction is
sometimes referred to as a "court of last resort".

An appeal serves two basic functions. Its first and primary function is to ensure the litigants
that justice under law has been accorded in the resolution of a specific controversy. The
second function is the promulgation of rules of decision that will be binding on all lower
courts within a judicial system and thus ensure uniformity of treatment and some measure of
certainty and guidance to those whose actions bring them within the scope of the rule.1

1
https://www.britannica.com/topic/appeal (last visited on 19th February 2019 )
Two types of actions that an aggrieved person can take – Appeal and
Judicial Review :
An aggrieved person is a person, to whom a criminal offense caused . It can be bodily harm
or even property damage . An aggrieved person is also a person, who suffered a property
damage, which was however already fully compensated by the perpetrator. In any case the
damage must be incurred by the criminal act, for which the accused person is being
prosecuted. An aggrieved person who may claim compensation of damage (i.e. an aggrieved
person, who petitioned the court no later than at the main trial before the evidence proceeding
is commenced or eventually at the first hearing on the agreement on the guilt and punishment,
to order the defendant in the judgment to financially compensate the damage or non-material
harm caused by the crime . Thus any aggrieved person can file an appeal .

Appeal in Constitutional Cases :

An appeal can be filed against any judgment, decree or final order of a High Court in a
civil, criminal or other proceedings if the concerned High Court certifies that the case
involves a substantial question of law as to the interpretation of the constitution. Where such
a certificate is given any party in the case may appeal to the Supreme Court on the ground
that any such question has been wrongly decided.
An appeal lies to the Supreme Court from any judgement in a civil , criminal or any other
proceeding of a High Court if the case involves a substantial question of law as to the
interpretation of the constitution according to Article 132 (1) . According to Article 132 (3)
when such a certificate is given , any party in the case in may appeal to the Supreme Court on
the grounds that any such question has been wrongly decided .

Appeal in Civil Cases :

An appeal may be filed against any judgment, decree or final order in a civil proceeding of a
High court if the High Court certifies that the case involves a substantial question of law of
general importance and that in the opinion of the High Court the said question needs to be
decided by the Supreme Court. However, no appeal can be filed from the judgment, decree or
final order of single judge bench of the High Court. The party making the appeal can urge as
one of the grounds that a substantial question of law as to the interpretation of the
Constitution has been wrongly decided.
In the case of Amarjeet Kaur vs Pritam Singh , the Supreme Court held that when appeal
against a decree was pending , the court of appeal had gone through the whole matter and for
certain purposes the execution of the decree was regarded as final . The decree of the trial
court gets merged with the decree of the appellate court . Thus the court of appeal shall have
the powers and perform the same duties as imposed on the court of original jurisdiction . 2

2
https://lawnn.com/importance-appeals-courts-india/ ( last accessed on 19th February 2019)
Appeal in Criminal Cases :

According to Article 134 an Appeal to the Supreme Court against the judgement , final order
or sentence of the High Court in Criminal Cases is maintainable even without the certificate
of the High Court . It is with the certificate of the High Court that the case is deemed fit for
for appeal to the Supreme Court.
In the case of Mohinder Singh vs State of Punjab the Supreme Court observed that
certificate of fitness is to be granted only when exceptional and special circumstances exist
and the High Courts must apply it judicially.

The procedure of filing an appeal is as follows:

1. The party that desires to file an appeal is to file required to file a petition of appeal in the
court.

2. The petition should contain information about the proceedings of the subordinate courts or
the high courts.

3. The petition of appeal should be accompanied by seven copies of –

a) A certified copy of judgement and decree appealed from

b) A certified copy of certificate granted by High Court

c) A certified copy of order granting the same certificate appeal .

Judicial Review:
Judicial review is a process under which executive or legislative actions are subject to review
by the judiciary. A court with authority for judicial review may invalidate laws acts and
governmental actions that are incompatible with a higher authority: an executive decision
may be invalidated for being unlawful or a statute may be invalidated for violating the terms
of a constitution. Judicial review is one of the checks and balances in the separation of
powers , the power of the judiciary to supervise the legislative and executive branches when
the latter exceed their authority.

Judicial review is the power of courts to declare any law unconstitutional if it is inconsistent
with the principles of justice or violates the constitution especially the fundamental rights.
The legislature may make a law which restricts a citizen to freely move within the territory of
the nation. With the power of judicial review, the court can strike down the act stating that it
is against the fundamental rights of the citizens of India. Judicial review is a strong tool to
keep a check on public bodies and rendering their accountability if their decisions or policies
go outside the powers that have been specified in the Constitution.
 In the Keshvananda Bharati Case,3 the judicial review was ultimately held to be the basic
structure of the Indian Constitution. Same view was reiterated in S.P. Sampath Kumar v
Union of India. Justice PN Bhagwati, relying on Minerva Mills Ltd (1980) 3 SCC 625
declared that it was well settled that Judicial review forms the basic structure of our Indian
Constitution.

Thus judicial review thus formed a specific and special tool in the hands of the judges
whereby unlawful actions of the legislative and executive could be quashed.

Importance of Appeals in Administrative Law :

Appellate courts are the part of the judicial system that is responsible for hearing and
reviewing appeals from legal cases that have already been heard in a trial-level or other lower
court. Persons or entities such as corporations having an unsuccessful outcome in a trial-level
or other lower court may file an appeal with an appellate court to have the decision reviewed.
Appellate courts are present at the state and federal levels. Appellate courts exist as part of
the judicial system to provide those who have judgments made against them an opportunity to
have their case reviewed. A corporation with an unfavourable judgment against them will
likely see a drop in share price, but an appeal could overturn this previous ruling. If an appeal
is successful, the stock price usually jumps.

Courts at the appellate level review the findings and evidence from the lower court and
determine if there is sufficient evidence to support the determination made by the lower
court. Also, the appellate court will determine if the trial or lower court correctly applied the
law. The highest form of an appellate court in the United States is the United States Supreme
Court which hears only appeals of major importance and consequence.

Requirements of an Appeal :
An appeal is to meet certain basic requirements which concern :

 The name and address of the party bringing the appeal;

 The Signature of the party bringing the appeal;
 The date;
 The description of the decision against which the appeal is brought;
 The grounds for the appeal.

If possible, a copy of the contested decision is to be enclosed with the appeal. This concerns
the decision taken by the Executive Board on your formal objection.

3
https://indiankanoon.org/docfragment/1345725/?formInput=appeal%20right ( last accessed
on 19th February 2019)
If we fail to meet these formal requirements, we will be granted the opportunity to rectify the
omission within a set period. This cure period allows us to bring an appeal in time which is
six months and even if we cannot at that point substantiate your appeal , the court will allow
us to submit this appeal within a term of two to four weeks.

Appealing of a Court Decision or Judgment:

The need for an efficient and effective administration of justice has made the establishment of
hierarchy of courts and provision for appeal from one court to the other, within the hierarchy,
very desirable. The court of appeals is the second step in legal proceedings. Its job is to
change mistakes made by the lower court, not to hear evidence and decide facts like the lower
court. Most often, the court of appeals renders the final decision. Some cases are sent back to
the district court for further proceedings.

Most decisions of a state or trial court are subject to review by an appeals court, including
decisions regarding almost all types of civil cases. Whether the appeal concerns a judge's
order or a final judgment entered by a jury, an appeals court reviews what happened in
proceedings below for any errors of law. If the court finds an error that contributed to the trial
court's decision, the appeals court will reverse that decision. The lawyers for the parties
submit briefs to the court and may be granted oral argument. Once an appeals court has made
its decision, the opportunity for further appeals is limited.4

Difference between trials and appeals :

A trial and an appeal have a few similarities, but also certain differences. At trial, the parties
present their cases, calling witnesses for testimony and presenting other pieces of evidence,
such as documents, photographs, reports, surveys, diaries, blueprints, etc. The jury weighs
this evidence and determines the facts of the case, that is, what they believe actually
happened. A jury is therefore sometimes referred to as the finder of fact. The judge controls
the activities in the courtroom and makes all the legal decisions, such as ruling on motions
and on objections raised by the attorneys. The judge is often called the finder of law. If the
parties have chosen a bench trial, rather than a jury trial, the judge will make both findings of
fact and findings of law.

An appeal is a review of the trial court's application of the law. There is no jury in an appeal,
nor do the lawyers present witnesses or, typically, other forms of evidence. The court will
accept the facts as they were revealed in the trial court, unless a factual finding is clearly
against the weight of the evidence.

Another difference between a trial and an appeal is the number of judges involved. A single
judge presides over a trial. An appeal, however, is heard by several judges at once. How
many depends on the jurisdiction. At the initial appeals court level, courts may have from
three to a few dozen judges. Yet on the larger courts, the full numbers of judges seldom hear
claims together. Instead, appeals are heard by panels comprised of three judges.

4
https://litigation.findlaw.com/filing-a-lawsuit/appealing-a-court-decision-or-judgment.html(
last accessed on 20th February 2019)
The "Record" on Appeal:
Appeals court decisions turn on the record, which documents what happened in the trial
court. The record contains the pleadings , pre-trial motions, a transcript of what occurred
during trial. The success of an appeal therefore depends on what occurred at trial. If an
attorney failed to get critical, available evidence into the record, or to object to something
prejudicial, the opportunity to do so is lost.

Punishment for Noncompliance of an order in Appeals:

Sufficient opportunities have been given to the contemnors to fully comply with
those orders and purge the contempt committed by them but, rather than availing of the same,
they have adopted various dilatory tactics to delay the implementation of the orders of
this Court. Non-compliance of the orders passed by this Court shakes the very foundation of
our judicial system and undermines the rule of law, which we are bound to honour and
protect. This is essential to maintain faith and confidence of the people of this country in the
judiciary. There is no escape from, acceptance, or obedience, or compliance of
an order passed by the Supreme Court, which is the final and the highest Court, in the
country. Where would we find ourselves, if the Parliament or a State Legislature insists, that
a statutory provision struck down as unconstitutional, is valid? Or, if a decision rendered by
the Supreme Court, in exercise of its original jurisdiction, is not accepted for compliance, by
either the Government of India, and/or one or the other State Governments concerned . Non-
compliance of its orders, would dislodge the cornerstone maintaining the equilibrium and
equanimity in the country’s governance. There would be a breakdown of constitutional
functioning. Thus Failure to correct violations identified in a compliance order can result in
severe financial penalties that become personal obligations of the violator and/or liens and
encumbrances on any related real estate.

Conclusion
Constitutional principles enshrine the existence of the administrative justice system, its
jurisdiction and its independence. In accordance with these principles, only an administrative
court may quash or, on occasion, revise decisions taken by the State, local authorities or
public bodies operating under their authority or control. Administrative courts may also order
a public legal body to pay compensation, particularly where a wrongful act by that public
legal body has given rise to damage or loss. On a day to-day basis they safeguard human
rights and civil liberties, in accordance with public interest. They are the guardians of the rule
of law in relations between citizens and public authorities.

An appeal is a process by which a judgment/order of a subordinate Court is challenged before

its superior court. And those courts who entertains an appeal they have the Appellate
Jurisdiction for the same. An appeal can be filed only by a person who has been party to the
case before the subordinate Court. However, at the death of such a person, his legal heirs and
successors in interest may as well as file or maintain an already filed appeal in many matters.
The person filing or continuing an appeal is called the appellant and the concerned Court is
termed as the appellate Court. A party to a case does not have any inherent right to challenge
the judgment/order of a Court before its Superior Court. Appeal can be filed only if it is
specifically allowed by any law and has to be filed in the specified manner in the specified
Courts.
First Appeal shall always lie with the High Courts at state level, whereas a second appeal lies
with the Supreme Court of India. However, there are certain special tribunals to adjudicate
upon certain specific matters such as income tax, excise, and company law the bank recovery
cases, administrative tribunals, consumer tribunals, etc. Appeals from these tribunals may lie
to the High Court or the Supreme Court.

The power of an appellate court ranges from powers such as power to decide a case finally
which can be seemed as an obvious power. Other powers such as power to remand, power to
frame issues and refer them for trail, power to take additional evidence and power to modify
a decree are few such powers which the appellate court adheres while entertaining an appeal.

The power to frame issues and refer them to trial is considered very important in the cases
where the lower court has done abstinence in performing its functions of framing any issue or
trying any issue or determining any question of fact which is essential to be determined for
the suit to be disposed of on merits. In all these situations the appellate court has the power to
frame issues for the lower court and may even while referring these for trail, fix any time
limit as well. As important power of an appellate court is the power to modify a decree. This
power is a genuine yet discretionary power. It is quite apparent that in case wherein the
decision is reversed in an appeal, the decree for the same reversed decision is passed by the
appellate court. Thus Appellate Courts form an important part of the administrative system.5

5
https://lawtimesjournal.in/powers-duties-appellate-court/(last accessed on 20th February
2019)