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What is Article 133 of indian constitution

 

Article 133 of the Indian Constitution

Title: Appellate jurisdiction of Supreme Court in civil matters


📜 What Article 133 Says:

Article 133 provides the Supreme Court with the power to hear appeals in civil cases from decisions of High Courts in India.


Key Provisions Explained:

  1. Scope:

    • Deals specifically with civil cases (non-criminal matters like property, contracts, family law, etc.).

  2. When Can an Appeal Be Made?

    • An appeal can go to the Supreme Court only if the High Court certifies:

      • That the case involves a substantial question of law of general importance, and

      • That the question needs to be decided by the Supreme Court.

  3. No Monetary Limit (Post-1972 Amendment):

    • Earlier, appeals required a minimum monetary value, but the 30th Amendment (1972) removed that.

    • Now, only the legal importance of the issue matters — not the money involved.

  4. Certificate of Appeal:

    • Like Article 132, the High Court must issue a certificate under Article 134A saying the case is fit for appeal.


🏛️ Why Article 133 Is Important:

  • Provides access to the highest court in important civil matters.

  • Ensures consistency in interpretation of civil laws across the country.

  • Acts as a filter so that only significant legal questions go to the Supreme Court, not routine civil appeals.


🧾 Example:

If two parties dispute over a land property and the High Court rules on it, but the case involves a key legal principle affecting many others (e.g., interpretation of a land reform law), the losing party can appeal to the Supreme Court under Article 133, if certified.