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Article 132 Of Indian Constitution In English
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, if the High Court certifies under Article 134A that the case involves a substantial question of law as t the interpretation of this Constitution.
(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 declaring an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.
Article 132 In English
132 Article – Appellate jurisdiction of the Supreme Court in appeals to the High Courts in certain cases.
(1) Any judgment, decree or final order of a High Court in the territory of India, whether in civil, criminal or other proceeding, may be appealed to the Supreme Court, if the High Court certifies under article 134A that The matter involves an important question of law as to the interpretation of this Constitution.
(3) Where such certificate is given, either party to the case may appeal to the Supreme Court on the ground that any such question has been wrongly decided Explanation. For the purposes of this article, the expression Final order includes an order declaring an issue, which, to be decided in favor of the appellant, would be sufficient for the final disposal of the case.
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What Is Article 132 Of Indian Constitution?
Article 132 Debate Summary
Draft Article 110 (Article 132, Constitution of India, 1950) was debated on 3 June 1949. It granted appellate jurisdiction to the Supreme Court for matters arising from the High Courts which involved important questions on the interpretation of the Constitution. A member demanded the replacement of ‘State’ with ‘the territory of India’ in clause 1.
He argued that the scope of the ‘state’ would be more restrictive – it would exclude the provinces that would be annexed and join India. It was proposed to omit clauses (1) and (3) from ‘as an interpretation of this Constitution’. He said that by qualifying an issue as a genuine question of law relating to the interpretation of the Constitution, important questions and defects relating to other laws would not be challenged.
The ‘gross violations’ in the Indian Penal Code, the Evidence Act and other laws could not be appealed to the Supreme Court. Consequently, the High Courts should be empowered to grant certificates of appeal in all matters, including issues of substantive questions of law. Since the Supreme Court would be vested with the powers of the then Privy Council and the Federal Court, there was no need to restrict the appellate jurisdiction of the Supreme Court.
A member of the Drafting Committee responded to the above concerns. He clarified the scope of the draft article: ‘Notwithstanding any value, if an important question arises as to the interpretation of the Constitution, an appeal lies to the Supreme Court’. Therefore, the draft article deals solely with constitutional questions. With regard to claims relating to other laws/subjects, the later articles included the jurisdiction of the Supreme Court.
Articles 111 and 112 of the draft allowed the court to hear appeals on a variety of issues that would cover any criminal or civil issues. The chairman of the drafting committee reiterated his colleague’s arguments. He insisted that only with respect to constitutional issues of the draft concerned jurisdiction, other issues are covered under the draft Article 111. The Assembly accepted a minor amendment introduced by the Drafting Committee – other proposals were rejected. Article 3 was adopted on June 1949.
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