Constitution Section 132 — Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases

Part V — THE UNION — CHAPTER IV.—THE UNION JUDICIARY

Constitutional

Summary

A person can appeal to the Supreme Court against a judgment, decree, or final order of a High Court in India, in any type of case (civil, criminal, or other), if the High Court itself certifies that the case involves a major question of law about the meaning of the Constitution. Once the High Court gives this certificate, any party in the case can appeal to the Supreme Court on the ground that such a constitutional question was decided wrongly. For this purpose, a “final order” includes an order that decides an issue which, if decided in the appellant’s favour, would be enough to finally settle the entire case.

Official Text

(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)* * * * *

(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 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.