Position of Minor's Agreement

Article 133 of the Indian Constitution deals with the appellate jurisdiction of the Supreme Court in civil matters. It outlines the conditions under which a civil case can be appealed to the Supreme Court from a High Court in India.

Article 133 - 

Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.

Article 133(1):

This clause specifies that an appeal shall lie to the Supreme Court from any judgment, decree, or final order in a civil proceeding of a High Court only if the High Court certifies that:

- The case involves a substantial question of law of general importance, and

- In the opinion of the High Court, the said question needs to be decided by the Supreme Court.

Article 133(2):

This clause initially provided for an appeal as a matter of right if the value of the subject matter was above a certain threshold, but this was later removed by the 30th Amendment Act, 1972.

Article 133(3):

This clause empowers Parliament to make laws that can expand the jurisdiction of the Supreme Court in civil matters. This means that Parliament may, by law, allow appeals to the Supreme Court in civil cases beyond what is provided for in Article 133.

Key Points:

Substantial Question of Law: 

The High Court must be satisfied that the case involves a substantial question of law that is of general importance. This indicates that not every case can be appealed to the Supreme Court; it must be one that has broader implications beyond the parties involved.

Certification by High Court: 

Without the certification from the High Court, the appeal cannot be taken to the Supreme Court under Article 133(1).

Amendments: 

The 30th Amendment Act, 1972, significantly altered the scope of Article 133 by removing the provisions that allowed appeals based solely on the value of the subject matter.

Judicial Interpretations:

Various judgments have interpreted and applied Article 133 to determine what constitutes a "substantial question of law of general importance." The Supreme Court has the discretion to decide whether a question of law certified by the High Court is indeed of general importance.

Importance:

Article 133 is a crucial provision that limits the appellate jurisdiction of the Supreme Court in civil cases, ensuring that only cases of significant legal importance reach the highest court, thereby maintaining the efficiency and focus of the judiciary on matters that have a broader impact.