Question

If a High court in India does not give the certificate to a case that it involves a substantial question of 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 to the interpretation of the constitution.
$D)$ May hear the case if the president calls upon it to do so.

Answer 1

Hint: Indian constitution provides for an integrated judiciary with the Supreme Court at the upper level, below that high courts are there with their respective jurisdiction and powers. In addition to the Supreme Court and high courts, the Indian constitution also provides for subordinate courts at the district level

Complete step by step answer:
The Supreme Court is the highest court of appeal and protector of the fundamental rights of citizens. It hears appeals against the judgments of lower courts.
If the fundamental rights of the person are violated by the state or its agencies, one can directly approach the Supreme Court.
While in cases accepting fundamental rights, one can approach the Supreme Court but by the way of appeal only
Supreme Court has appellate jurisdiction in the following matters:
1. Appeals in constitutional matters.
2. Appeals in civil matters
3. Appeals in criminal matters.
4. Appeal by special leave.
In appeals related to civil and constitutional matters, the case can be appealed to the Supreme Court if the high court certifies that the case involves a certain question of law that requires the interpretation of the constitution.
While, in criminal cases, the appeal can be made in the supreme court if the high court certifies that the case is fit for appeal to the supreme court.
Hence, by the way of special leave, the Supreme Court has discretionary power to hear any case, even though the High court has not provided a certificate of interpretation of the law to that case.
So, the correct answer is Option C.

Note: It is the discretionary power of the Supreme Court to hear an appeal in the case where the certificate is not provided by the high court, hence cannot be claimed as a matter of right. In addition to this, the Supreme Court can hear the appeal against the order of any court or tribunal of the country.