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.
