Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases
Article 132 — Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases
- Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases.—(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, 3[if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution.
(2)* * * * * (3) Where such a certificate is given, 2*** any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided 2***. Explanation.—For the purposes of this article, the expression “final order” includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.
Plain English Summary
This article allows the Supreme Court to hear appeals from High Courts only if the case involves a very important legal question about how the Constitution itself should be understood. The High Court must first officially certify that this is the case before the Supreme Court can take up the appeal.
Key Points
- The Supreme Court can hear appeals from High Courts in specific situations.
- The appeal must be based on a "substantial question of law" concerning the interpretation of the Constitution.
- The High Court must provide a special certificate (under Article 134A) for the appeal to lie to the Supreme Court.
- A party can appeal if they believe this constitutional question was wrongly decided by the High Court.
Why It Matters
It ensures that the highest court in India can review decisions where fundamental constitutional principles are at stake, providing a final check on judicial interpretation of the Constitution.
Landmark Judgements
No major landmark judgements.