Part V.—The Union.—Arts. I32–I33.
Appellate juris-
diction of Sup-
reme Court in
appeals from
High Courts in
certain cases.
I32. (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 that the case involves a sub stantial question of law as to the interpretation of this Constitution.
(2) Where the High Court has refused to give such a certificate, the Supreme Court may, if it is satisfied that the case involves a substantial question of law as to the interpretation of this Constitution, grant special leave to appeal from such judgment, decree or final order.
(3) Where such a certificate is given, or such leave is granted, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly 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.
Appellate jurisdic-
tion of Supreme
Court in appeals
from High Courts
in regard to civil
matters.
I33. (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—
- (a) that the amount or value of the subject-matter of the dispute in the court of first instance and still in dispute on appeal was and is not less than twenty thousand rupees or such other sum as may be specified in that behalf by Parliament by law; or
- (b) that the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value; or
- (c) that the case is a fit one for appeal to the Supreme Court;
and where the judgment decree or final order appealed from affirms the decision of the court immediately below in any case other than a case referred to in sub-clause (c), if the High Court further certifies that the appeal involves some substantial question of law.
(2) Notwithstanding anything in article I32, any party appealing to the Supreme Court under clause (I) 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.
