Article 133 of the Costitution of India with Case law
Article 133 of the Constitution of India
— Appellate jurisdiction of Supreme Court in civil cases
📜 Text of Article 133 (As amended):
133(1): An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India, if the High Court certifies:
(a) that the case involves a substantial question of law of general importance, and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
133(2): Omitted by the 30th Constitutional Amendment, 1972.
⚖️ Explanation:
Article 133 provides for civil appeals to the Supreme Court from High Courts, but only with a certificate from the High Court.
The 30th Amendment deleted the earlier monetary requirement (like ₹20,000 or more as the value of the subject matter).
Now, the only criteria are:
There is a substantial question of law,
It is of general importance, and
The High Court certifies it should be decided by the Supreme Court.
⚖️ Important Case Laws under Article 133:
1. Chuni Lal v. Mehta and Sons Ltd.
Citation: AIR 1954 SC 575
Issue: What is a “substantial question of law of general importance”?
Held:
A substantial question of law must be one of general public importance, not one peculiar to the facts of the case.
The High Court must record why it thinks the case deserves to be heard by the Supreme Court.
2. State Bank of India v. N. Sundara Money
Citation: AIR 1976 SC 1111
Held: The certificate granted under Article 133 should clearly state the substantial question of law and justify why it needs to be addressed by the Supreme Court.
Significance: Certificate cannot be granted mechanically.
3. Union of India v. Mohindra Supply Co.
Citation: AIR 1962 SC 256
Issue: Whether an appeal lies as of right or only on certificate.
Held: After the 30th Amendment, there is no automatic right of appeal in civil cases—only certificated appeals.
4. Gujarat University v. Krishna Ranganath Mudholkar
Citation: AIR 1963 SC 703
Held: Where the constitutional validity of a law is involved, that can constitute a substantial question of law, justifying appeal under Article 133.
🧾 Key Takeaways:
Appeals to the Supreme Court in civil matters require a certificate under Article 133(1).
Certificate must declare:
Substantial question of law
General importance
Need for decision by the Supreme Court
No monetary threshold now (after the 30th Amendment, 1972).
High Courts have discretion, but must exercise it judiciously.
The Supreme Court’s discretionary power to grant special leave to appeal exists separately under Article 136.
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