Article 132 of the Indian Constitution is a crucial provision outlining the appellate jurisdiction of the Supreme Court of India, specifically in matters involving the interpretation of the Constitution. It empowers the Supreme Court to hear appeals from decisions rendered by the High Courts when a significant constitutional question is involved. This article acts as a cornerstone for maintaining uniformity and finality in the interpretation of the fundamental law of the land.
This jurisdiction is paramount for ensuring that constitutional principles are correctly understood and applied across the country by the High Courts. It provides a mechanism for citizens to seek recourse before the apex court when they believe a High Court ruling on a constitutional matter is erroneous, thereby upholding the supremacy of the Constitution and the role of the Supreme Court as its final interpreter.
Original Text
Article 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.
(2) Notwithstanding anything in article 134, any party in the case may appeal to the Supreme Court from any such judgment, decree or final order with the leave of the Supreme Court, if the High Court has refused to give such a certificate.
(3) Where such a certificate is given, or where leave is granted under clause (2), any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been erroneously decided and, with the leave of the Supreme Court, on any other ground.
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.
(Note: Clause (2) was omitted by the 44th Amendment Act, 1978. Clause (3) was renumbered as (2) by the same amendment. Article 134A was inserted by the 43rd Amendment Act, 1977 and amended by the 44th Amendment Act, 1978).
Detailed Explanation
Article 132 deals with the appellate jurisdiction of the Supreme Court concerning appeals from High Courts where a ‘substantial question of law as to the interpretation of this Constitution’ is involved. It covers judgments, decrees, or final orders from the High Courts, regardless of whether they arise from civil, criminal, or other proceedings.
The core requirement for an appeal under Article 132(1) is a certificate issued by the High Court under Article 134A. This certificate signifies that, in the opinion of the High Court, the case involves a substantial question of law related to the interpretation of the Constitution. The High Court’s role in certifying is crucial; it acts as a filter, sending only significant constitutional interpretation matters to the Supreme Court.
A ‘substantial question of law as to the interpretation of the Constitution’ implies a question that is not trivial, vexatious, or covered by previous decisions of the Supreme Court. It must be a question that has a material bearing on the rights of the parties and whose interpretation would affect future cases or principles. The question must directly involve the meaning, scope, or application of a constitutional provision.
Clause (2) [originally Clause (3), renumbered by 44th Amendment] states that once such a certificate is granted or leave is granted by the Supreme Court under Article 136 (which replaces the old clause 2 mechanism for refusal), any party can appeal to the Supreme Court. The grounds for appeal are primarily that the substantial constitutional question has been erroneously decided by the High Court. Additionally, with the leave of the Supreme Court, the appellant may also raise other grounds for appeal, even those not directly related to the constitutional question.
The explanation appended to the article clarifies the term “final order”. It specifies that even an order deciding a single issue can be considered a final order if deciding that issue in favour of the appellant would effectively resolve the entire case, even if the order itself doesn’t dispose of all points in controversy.
The 44th Amendment Act, 1978, significantly simplified the process by omitting the old clause (2), which dealt with direct appeal to the Supreme Court if the High Court refused the certificate. The current scheme, read with Article 134A, centralises the certification power with the High Court or allows for special leave to appeal by the Supreme Court under Article 136 if a certificate is refused or not applicable.
Detailed Notes
- Article 132 deals with the Supreme Court’s appellate jurisdiction over High Courts in cases involving constitutional interpretation.
- Appeals lie from any judgment, decree, or final order of a High Court.
- This applies to proceedings of civil, criminal, or other nature.
- A mandatory requirement for appeal under Article 132(1) is a certificate from the High Court under Article 134A.
- The High Court must certify that the case involves a “substantial question of law as to the interpretation of this Constitution”.
- A “substantial question of law as to the interpretation of this Constitution” refers to a non-trivial, important question requiring determination of the meaning or application of a constitutional provision.
- It should not be a question already settled by a binding decision of the Supreme Court.
- If the High Court grants the certificate under Article 134A, or if the Supreme Court grants special leave under Article 136 (replacing the old clause 2 mechanism), an appeal can be filed.
- Grounds of appeal (under the current Clause 2, formerly Clause 3):
- That the substantial constitutional question was decided erroneously by the High Court.
- With the leave of the Supreme Court, any other ground as well.
- The Explanation defines “final order” to include an order on a preliminary issue that, if decided for the appellant, would end the case.
- Article 134A was inserted to standardise the procedure for granting certificates under Articles 132, 133, and 134.
- The 44th Amendment Act, 1978, omitted the original Clause (2) of Article 132, which allowed direct appeal by Supreme Court leave if the High Court refused a certificate. The current path if a certificate is refused is via Article 136 (Special Leave Petition).
- Article 132 provides a direct route for constitutional appeals from High Courts to the Supreme Court based on the High Court’s certification.
- This jurisdiction is distinct from, but can overlap with, civil (Art 133) and criminal (Art 134) appellate jurisdictions.
- It ensures the Supreme Court is the ultimate interpreter of the Constitution.
Additional Comments
- Article 132 is fundamental to the Supreme Court’s role as the guardian and final interpreter of the Indian Constitution.
- The requirement of a ‘substantial question of law as to the interpretation of this Constitution’ differentiates appeals under this article from ordinary civil or criminal appeals.
- The insertion of Article 134A streamlined the process of certification under Articles 132, 133, and 134, requiring the High Court to decide whether to grant a certificate as soon as may be after the delivery of the judgment, decree, final order or sentence.
- While Article 132 provides a right to appeal upon High Court certification, Article 136 provides discretionary power to the Supreme Court to grant special leave to appeal in any matter from any court or tribunal, which is a much broader power and can be used even if an Article 132 certificate is denied or not applicable.
- The interpretation of what constitutes a “substantial question of law” has been subject to various judicial pronouncements. It generally requires a point of law that is not well-settled, of general public importance, or one whose determination would have significant ramifications.
Summary
Article 132 of the Constitution grants the Supreme Court appellate jurisdiction over judgments, decrees, or final orders of High Courts in civil, criminal, or other proceedings. This jurisdiction is contingent upon the High Court certifying under Article 134A that the case involves a substantial question of law concerning the interpretation of the Constitution. If such a certificate is granted or leave is obtained from the Supreme Court (usually under Article 136), any party can appeal, primarily on the ground that the constitutional question was wrongly decided. The article ensures that significant constitutional issues are ultimately decided by the Supreme Court, solidifying its role as the final authority on constitutional interpretation.