Law4u - Made in India

What is Constitution Of India Article 132?

Answer By law4u team

Constitution Of India 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, {3}[if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution.
{4}(2)* * * * *
(3) Where such a certificate is given, {2***} 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.

NOTE

2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).
3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for if the High Court certifies (w.e.f. 1-8-1979). 4. Clause (2) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17 (w.e.f. 1-8-1979). Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979).

Brief Detail

Article 132 grants the Supreme Court appellate jurisdiction in cases where the High Court certifies that the case involves a substantial question of law regarding the interpretation of the Constitution. This allows the party to appeal to the Supreme Court if such a constitutional question has been wrongly decided.

Question & Answers

When can an appeal be made to the Supreme Court from a High Court judgment?

An appeal can be made if the High Court certifies under Article 134A that the case involves a substantial question of law related to the interpretation of the Constitution.

What is meant by final order under this article?

The term final order includes any order that decides an issue which, if decided in favour of the appellant, would result in the final disposal of the case.

Example

For instance, if a High Court ruling involves a substantial constitutional question and it is certified by the court, either party in the case may appeal to the Supreme Court to address any potential misinterpretation of the law.

Summary

Article 132 allows for an appeal to the Supreme Court from a High Court judgment involving significant constitutional questions. It establishes the process for such appeals and provides an explanation for what constitutes a final order in this context.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Adv Satish Kumar

Advocate Adv Satish Kumar

Criminal, Anticipatory Bail, Domestic Violence, Family, Divorce

Get Advice
Advocate Hemant Kumar Guru

Advocate Hemant Kumar Guru

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, Motor Accident, Property, Succession Certificate, Revenue

Get Advice
Advocate Tanaji S Shingade

Advocate Tanaji S Shingade

Breach of Contract, Cheque Bounce, Consumer Court, High Court, Family, Motor Accident, Criminal, Court Marriage, Civil, Child Custody, Labour & Service, Domestic Violence, Succession Certificate, Property, Landlord & Tenant, Divorce, Cyber Crime

Get Advice
Advocate Pawan Sarda

Advocate Pawan Sarda

Criminal, Family, High Court, Civil, Supreme Court

Get Advice
Advocate Shoyab Khan

Advocate Shoyab Khan

Anticipatory Bail,Cheque Bounce,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Motor Accident,Muslim Law,Property,Wills Trusts,

Get Advice
Advocate Akhilesh Pratap Singh

Advocate Akhilesh Pratap Singh

Cheque Bounce, Civil, Consumer Court, Criminal, Revenue

Get Advice
Advocate K.k (kamal Kishore Vishavkarma)

Advocate K.k (kamal Kishore Vishavkarma)

Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Rajnish Sharma

Advocate Rajnish Sharma

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Court Marriage, Corporate, Divorce, Cyber Crime, Domestic Violence, Family, Medical Negligence, Motor Accident, Media and Entertainment, Landlord & Tenant, Insurance, Recovery, Breach of Contract

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.