Question

Right to Appeal is a

• A. Natural Right
• B. Inherent right
• C. Statutory right
• D. Delegated right

Hint:

A core principle of procedural law is: "An appeal is a creature of statute." This means you must be able to point to a specific section in a law that allows you to appeal a particular order or decree.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the nature of the "Right to Appeal" in the Indian legal system.

Step 2: Detailed Explanation:
In law, rights can be categorized based on their source.
- Natural Right (A): A right believed to be inherent to human beings, not dependent on laws or customs (e.g., right to life). The right to appeal is not a natural right.
- Inherent right (B): While courts may have inherent powers (like under Section 151 of CPC), a litigant's right to appeal is not considered inherent. One cannot simply appeal a decision because they disagree with it; there must be a legal basis.
- Statutory right (C): This is a right created by a law (a statute). The right to appeal is a creature of statute. An appeal can only be filed if a specific law (like the CPC, CrPC, or a special Act) explicitly provides for it. If the statute does not grant a right of appeal, none exists.
- Delegated right (D): This term is not standard legal terminology for classifying a litigant's rights.
The Supreme Court of India has repeatedly held that the right to appeal is not a natural or inherent right but a substantive statutory right.

Step 3: Final Answer:
The Right to Appeal is a statutory right.