Article 132 of the Costitution of India with Case law
🔹 Article 132 of the Constitution of India
Title: Appeal to the Supreme Court from High Courts in certain cases
🔸 Text of Article 132
(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 to the interpretation of this Constitution.
(2) Notwithstanding anything in this Chapter, 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.
🔸 Explanation
Article 132 provides for constitutional appeals to the Supreme Court from High Courts when:
The judgment involves a substantial question of law relating to the interpretation of the Constitution, and
The High Court certifies that such a question exists (under Article 134A).
🔸 Key Conditions for Appeal under Article 132
| Requirement | Explanation |
|---|---|
| Final order | The appeal must be against a final judgment, decree, or order (not interim). |
| Substantial question of constitutional law | The issue must involve important constitutional interpretation. |
| Certification | The High Court must certify under Article 134A that the appeal is valid on constitutional grounds. |
🔸 Scope
Applies to civil, criminal, or other proceedings.
Is not automatic — requires High Court certification.
Appeals without certification are not maintainable under Article 132.
🔸 Important Case Laws on Article 132
🧑⚖️ State of Jammu & Kashmir v. Thakur Ganga Singh, AIR 1960 SC 356
Issue: Appeal under Article 132 was sought.
Held: The Court held that unless a substantial question of constitutional law is involved, and High Court certifies it, the appeal cannot be admitted under Article 132.
🧑⚖️ Bihar Legal Support Society v. Chief Justice of India, AIR 1987 SC 38
Held: Certification under Article 134A is mandatory for invoking Article 132. Without it, the Supreme Court has no jurisdiction to hear an appeal.
🧑⚖️ Union of India v. Madras Bar Association, (2010) 11 SCC 1
Relevance: Involved constitutional interpretation regarding judicial independence.
Held: It reinforced the principle that substantial constitutional questions are to be decided by the Supreme Court under appeal, including through Article 132, when certified.
🧑⚖️ Kesavananda Bharati v. State of Kerala (1973)
Note: Although the appeal was not strictly under Article 132, this landmark case exemplified how constitutional interpretation issues make their way to the Supreme Court through proper procedural routes.
🔸 Article 134A (Certification Procedure)
The High Court may certify that the case is fit for appeal under Article 132.
Application for such certificate can be made by the party, or the High Court may act suo motu.
🔸 Conclusion
Article 132 plays a vital role in:
Ensuring uniformity in constitutional interpretation,
Preserving the constitutional scheme, and
Allowing parties to seek redress before the highest court on substantial constitutional matters, with safeguards via certification.
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