Question

If a High Court in India does not give the certificate to a case that it involves a substantial question law, the Supreme Court _________________.

• A. can never hear the case
• B. does not enter into the picture
• C. may hear the case if it is satisfied that the case involves a substantial question of law as to the interpretation of the Constitution
• D. may hear the case if the President calls upon it to do so

Answer 1

The correct option is C may hear the case if it is satisfied that the case involves a substantial question of law as to the interpretation of the Constitution

The Supreme court is primarily a court of appeal and it hears the appeals in constitutional, civil and criminal matters when a high court certifies that the case involves a substantial question of law and is fit to be decided by the supreme court. However, the supreme court has the power to hear appeal even if the high court does not certify under article 136 of the Indian Constitution I.e., appeal by special leave. It is discretionary power of the Supreme Court.