Actual Article
Article 132: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
- Appellate Jurisdiction in Constitutional Matters:
- 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.
- Exclusion of Interlocutory Orders:
- 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.
UPSC Notes for Article 132
Explanation:
- Appellate Jurisdiction in Constitutional Matters:
- The Supreme Court has appellate jurisdiction over cases involving substantial questions of law regarding the interpretation of the Constitution.
- Appeals can be made from any judgment, decree, or final order of a High Court, regardless of whether the case is civil, criminal, or otherwise.
- Certification by High Court:
- For an appeal to be made to the Supreme Court, the High Court must certify that the case involves a substantial question of law related to the interpretation of the Constitution, as per Article 134A.
- Exclusion of Interlocutory Orders:
- Appeals are generally not allowed from interlocutory orders (temporary or provisional orders) of High Courts unless Parliament provides otherwise.
Key Points:
- Constitutional Interpretation: Ensures that the Supreme Court is the ultimate authority on interpreting the Constitution.
- High Court Certification: Adds a layer of scrutiny by requiring High Courts to certify that a case involves significant constitutional questions before it can be appealed to the Supreme Court.
- Focused Jurisdiction: Limits the Supreme Court’s appellate jurisdiction to substantial constitutional questions, preventing it from being overwhelmed by minor or procedural matters.
Important Cases and Commissions Related to Article 132
Cases:
- Keshavananda Bharati vs. State of Kerala (1973): This landmark case involved substantial questions of constitutional interpretation, highlighting the Supreme Court’s role under Article 132.
- Golak Nath vs. State of Punjab (1967): Another significant case where the Supreme Court interpreted substantial questions of constitutional law.
Commissions:
- Law Commission of India: Various reports have emphasized the importance of the Supreme Court’s role in constitutional interpretation and suggested measures to streamline the appellate process.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended enhancing the efficiency and accessibility of the Supreme Court, including its appellate jurisdiction.
Previous Year Prelims Questions Related to Article 132
- (UPSC Prelims 2016) Under Article 132, an appeal to the Supreme Court from a High Court judgment involves:
- A. Any question of law
- B. Substantial question of law as to the interpretation of the Constitution
- C. Questions of fact
- D. Any civil or criminal matter Correct Answer: B. Substantial question of law as to the interpretation of the Constitution
- (UPSC Prelims 2019) Which Article of the Indian Constitution provides the Supreme Court with appellate jurisdiction in cases involving substantial questions of constitutional law?
- A. Article 131
- B. Article 132
- C. Article 133
- D. Article 134 Correct Answer: B. Article 132
Previous Year Mains Questions Related to Article 132
- Mains 2016: “Discuss the significance of Article 132 in the context of the Supreme Court’s role as the ultimate interpreter of the Constitution. How does the appellate jurisdiction under this article enhance constitutional governance in India?”
- Mains 2019: “Analyze the role of High Court certification under Article 134A in appeals to the Supreme Court under Article 132. How does this certification process impact the judicial hierarchy and the administration of justice?”
Additional Insights:
- Ensuring Judicial Consistency: Article 132 ensures that the Supreme Court has the final say on substantial constitutional questions, promoting consistency in judicial interpretation.
- Selective Appellate Jurisdiction: By focusing on substantial constitutional questions, the article helps manage the Supreme Court’s caseload, ensuring it can focus on the most significant legal issues.
- Collaboration between Courts: The requirement for High Court certification under Article 134A promotes collaboration between the High Courts and the Supreme Court, ensuring that only cases with significant constitutional implications are escalated.
Understanding Article 132 is crucial for UPSC aspirants as it outlines the Supreme Court’s appellate jurisdiction in constitutional matters, ensuring the ultimate interpretation of the Constitution lies with the highest judicial authority. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that govern the appellate process and the role of the judiciary in upholding constitutional governance in India.