Question

Right to Appeal is a

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

Hint:

Distinguish between the right to file a suit and the right to appeal. The right to file a suit is generally considered an inherent right, but the right to appeal is always a statutory right. This is a frequently tested concept.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The right to appeal is the right of a party to a legal proceeding to have their case reviewed by a higher court. The nature of this right is a fundamental concept in procedural law.

Step 2: Detailed Explanation:
It is a well-settled principle of law, established through numerous Supreme Court judgments, that the right to appeal is not a natural or inherent right. A party does not automatically have a right to appeal a decision just because they are aggrieved by it.
The right to appeal is a creature of statute. This means it must be expressly conferred by a specific law (statute). If the relevant statute does not provide for an appeal from a particular order or decree, then no appeal can be filed.
The statute that grants the right of appeal also prescribes the conditions, limitations, and the forum for filing such an appeal.
- It is not a natural right, as it is not fundamental to human existence.
- It is not an inherent right, as a court does not have inherent power to hear an appeal without statutory backing.

Step 3: Final Answer:
The right to appeal is a statutory right, meaning it exists only when explicitly provided for by a legislative act.