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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
Constitution of India
Art. 132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next Article in the series on constitutional provisions in order to aid our readers in understanding them.

132. "Appellate jurisdiction of 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, if the High Court certifies under Article 134A that the case involves a substantial question of law as to the interpretation of this Constitution.

(3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided.

Explanation- For the purposes of this a rticle, 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.

Under Article 132, the appellate jurisdiction of the Supreme Court extends to civil, criminal and constitutional matters. In a civil matter, an appeal lies to the Supreme Court from any judgment, decree or final order of a High Court if the High c ourt certifies under Article 134A that a substantial question of law as to the interpretation of the Constitution is involved.

Any party in the case can go in appeal to the Supreme Court on the ground that such question has been wrongly decided. In the matter of the interpretation of the provisions of the Constitution, the Supreme Court itself is the highest court of appeal. The main principles that emerge from the provisions of Article 132 are:

  • Appeal to the Supreme Court from a High Court judgment lies in all matters-civil, criminal or any other-if a question of constitutional interpretation is involved.
  • The question of constitutional interpretation involved must be of substantial nature.
  • The Supreme Court is the highest and the final court of appeal in matters involving interpretation of any provision of the Constitution.
  • To enable any party in the case to appeal to the Supreme Court, a certificate from the High Court concerned, is necessary.
  • Appeal to the Supreme Court would lie only from a "judgment, decree or final order of a High Court."

Source: Subhash Kashyap: Constitutional Law of India

 

 
 
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