Article 133 of the Indian Constitution: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters | Kanoon.site
Kanoon.site ≐ Blog
« Article 132 Article 134 »

Article 133 of the Indian Constitution: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

Part: V
Shorthand Notes: SC Civil Appeal from HC via HC Certificate

Article 133 of the Indian Constitution outlines the appellate jurisdiction of the Supreme Court with respect to civil proceedings before the High Courts. It is a crucial provision defining the route of appeal from the High Courts to the apex court in non-constitutional civil cases. This article establishes the conditions under which such appeals can be entertained by the Supreme Court, primarily focusing on the certification by the High Court itself.

This article, along with others defining the Supreme Court’s appellate jurisdiction (like Articles 132 and 134), forms the backbone of the judicial hierarchy in India, ensuring that judgments from lower courts, particularly High Courts, involving significant legal issues can be reviewed by the highest court in the land, thereby contributing to the uniformity and correct interpretation of law across the country.

Original Text

133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

(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 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 erroneously 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.

Detailed Explanation

Article 133 deals specifically with the appellate jurisdiction of the Supreme Court concerning civil cases decided by the High Courts. It lays down the criteria that must be met for a civil appeal to be filed and heard by the Supreme Court.

Clause (1) is the primary provision. It states that an appeal lies to the Supreme Court from any judgment, decree, or final order passed in a civil proceeding by a High Court within India. However, this appeal is not automatic. It is conditional upon the High Court issuing a certificate under Article 134A. Article 134A was inserted by the 43rd Amendment Act, 1977, and provides the mechanism for obtaining the certificate referred to in Article 133(1), as well as Articles 132(1) and 134(1)(c).

The High Court can grant this certificate only if two conditions are satisfied:

  1. The case must involve a substantial question of law of general importance. This is a crucial requirement. A “question of law” is distinct from a question of fact. It must be “substantial,” meaning it is not trivial or arguable on its face, but capable of serious argument. The addition of “of general importance” further limits the scope – the question must be of relevance or interest to the public or a significant section thereof, extending beyond the specific parties involved in the litigation.
  2. In the opinion of the High Court, the said question of law needs to be decided by the Supreme Court. This gives the High Court discretion to filter cases, certifying only those where it genuinely believes the highest court’s decision is necessary to settle the law, ensure uniformity, or resolve a complex or contentious legal issue that has broad implications.

It is important to note the change brought by the Constitution (30th Amendment) Act, 1972. Prior to this amendment, an appeal lay to the Supreme Court in civil cases if the value of the subject matter was above a certain threshold (Rs. 20,000) OR if the High Court certified that the case involved a substantial question of law. The 1972 amendment removed the value criterion and substituted the requirement of a “substantial question of law” with the more stringent criteria of “a substantial question of law of general importance” and the High Court’s opinion that it needs to be decided by the Supreme Court. This narrowed the scope of civil appeals based solely on the High Court’s certificate, intending to reduce the burden on the Supreme Court by limiting appeals to truly significant legal issues.

Clause (2) is an exception that allows a party appealing under Clause (1) (i.e., based on a certificate under Article 134A) to raise, as one of the grounds of appeal, that a substantial question of law regarding the interpretation of the Constitution has been wrongly decided by the High Court. This provides a pathway to bring constitutional interpretation issues before the Supreme Court even if the primary certificate under Article 133(1) was issued based on a non-constitutional question of law. However, appeals primarily involving substantial questions of law as to the interpretation of the Constitution typically fall under Article 132.

Clause (3) imposes a limitation. It states that ordinarily, no appeal lies to the Supreme Court under Article 133 from a judgment, decree, or final order passed by a single Judge of a High Court. This implies that the appeals under Article 133 usually lie from decisions of a Division Bench or a larger bench of the High Court. However, this restriction can be overridden if Parliament passes a specific law providing for such appeals from a single judge’s decision. As of now, no such general law exists; appeals from single judges often go to a Division Bench within the High Court itself (Intra-Court Appeal) before potentially becoming eligible for appeal to the Supreme Court under Article 133 (from the Division Bench decision), 132 or 136.

Detailed Notes

  • Jurisdiction: Appellate jurisdiction of the Supreme Court.
  • Subject Matter: Appeals from judgments, decrees, or final orders in civil proceedings of a High Court.
  • Prerequisite (Clause 1): High Court must certify under Article 134A.
  • Conditions for Certificate (under Article 134A, referenced by 133(1)):
    • Case involves a substantial question of law of general importance.
    • High Court is of the opinion that the said question needs to be decided by the Supreme Court.
  • “Substantial Question of Law”: A question capable of serious argument, not trivial or settled by established principles or binding precedents.
  • “Of General Importance”: The question must have significance or implications beyond the immediate parties to the case, affecting the public or a significant segment.
  • “Needs to be decided by the Supreme Court”: High Court’s discretionary power to determine if the issue warrants the apex court’s attention for setting precedent or resolving conflict.
  • Effect of 30th Amendment Act, 1972: Removed the monetary value threshold for civil appeals and made the criteria based solely on the High Court’s certificate involving a “substantial question of law of general importance” requiring the SC’s decision.
  • Relation to Article 134A: Article 134A provides the specific procedure and grounds for the High Court to issue the certificate required by Article 133(1).
  • Constitutional Question (Clause 2): A party appealing under 133(1) can also raise a ground of appeal concerning a substantial question of law as to the interpretation of the Constitution erroneously decided by the High Court, even if the primary certificate was not for a constitutional question under Article 132.
  • Single Judge Decisions (Clause 3): Generally, no appeal lies to the Supreme Court under Article 133 from the decision of a single Judge of a High Court.
  • Exception to Single Judge Rule: Parliament can pass a law to specifically allow such appeals. (No such general law exists currently).
  • Distinction:
    • Article 132: Appeals involving substantial questions of law as to the interpretation of the Constitution (can be civil, criminal, or other proceedings).
    • Article 133: Appeals in civil matters based on a certificate involving a substantial question of law of general importance.
    • Article 134: Appeals in criminal matters.
    • Article 136: Discretionary power of the Supreme Court to grant special leave to appeal from any court or tribunal (except military tribunals), regardless of whether a certificate was granted or whether it’s a final order.

Additional Comments

  • Article 133, after the 1972 amendment, significantly restricted the inflow of routine civil appeals to the Supreme Court, aiming to reserve the Court’s limited time for cases of genuine legal importance.
  • The concept of “substantial question of law of general importance” has been elaborated by the Supreme Court in numerous judgments, emphasizing that it is not merely a question of applying settled law to facts, nor is it an arguable question of law that does not affect the public at large or requires authoritative resolution from the highest court.
  • The High Court’s power to certify under Article 134A (for the purpose of Article 133(1)) is a discretionary one, but it must be exercised judiciously and based on the criteria laid down. The Supreme Court can examine if the certificate was granted based on relevant considerations.
  • Article 133 operates alongside Article 136 (Special Leave Petition). If a High Court refuses to grant a certificate under Article 134A, the aggrieved party can still approach the Supreme Court by filing a Special Leave Petition under Article 136, seeking discretionary leave to appeal. The grounds for SLP are broader than the certificate under Article 133(1).
  • Civil proceedings cover a wide range of matters including property disputes, contract law, family law (except where constitutional questions are involved, which may fall under 132), administrative law (where constitutional issues are not predominant), etc.

Summary

Article 133 of the Indian Constitution defines the Supreme Court’s appellate jurisdiction over civil proceedings originating from High Courts. An appeal lies to the Supreme Court from a High Court judgment, decree, or final order in a civil case only if the High Court certifies under Article 134A that the case involves a substantial question of law of general importance which, in the High Court’s opinion, needs to be decided by the Supreme Court. Prior to a 1972 amendment, monetary value was also a criterion. While appeals from single-judge decisions of a High Court are generally excluded unless Parliament provides otherwise, a party appealing under Article 133 can also argue that a substantial question of constitutional interpretation was wrongly decided by the High Court. This article, coupled with Article 134A, serves to channel significant civil law issues to the Supreme Court for definitive resolution.
« Article 132 Article 134 »