Constitution Section 133 — Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters

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

Constitutional

Summary

A party can appeal to the Supreme Court against a final decision of a High Court in a civil case only if the High Court itself certifies that the case involves a major question of law that is important for the general public and that the High Court believes this question should be decided by the Supreme Court. Even if the appeal is based on other grounds, the party can also argue that a major question about the meaning of the Constitution was wrongly decided. However, no appeal can be made to the Supreme Court from a decision made by a single judge of a High Court, unless Parliament passes a law allowing it.

Official Text

(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 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.