Constitution of India · Section Article 133
Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters
Article 133 — Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters
- Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters.—3[(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India 4[if the High Court certifies under article 134A—]
- (a) that the case involves a substantial question of law of general importance; and
- (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] (2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided. (3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.
Plain English Summary
This article explains when a person can appeal to the Supreme Court against a decision made by a High Court in a civil case. An appeal is only possible if the High Court certifies that the case involves a very important legal question or that the Supreme Court should decide it.
Key Points
- An appeal from a High Court judgment to the Supreme Court in civil matters requires the High Court to certify two things: (a) the case has a substantial question of law of general importance, and (b) the High Court believes the Supreme Court should decide that question.
- A party appealing can also argue that the High Court wrongly decided a substantial question of law concerning the interpretation of the Constitution.
- An appeal cannot be made from the decision of just one judge of a High Court unless Parliament specifically allows it by law.
Why It Matters
This provision ensures that the Supreme Court focuses its limited time on resolving the most significant legal issues affecting the nation, rather than every single civil dispute.
Landmark Judgements
No major landmark judgements.