Remedies under the Constitution of India
Article32.
- Remedies for enforcement of rights conferred by this Part.
(1) The
right to move the Supreme Court by
appropriate proceedings for the enforcement of the rights conferred by this
Part is guaranteed.
(2) The
Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, whichever may
be appropriate, for the enforcement of any of the rights conferred by this
Part.
(3)
Without prejudice to the powers conferred on the Supreme Court by clauses (1)
and (2), Parliament may by law empower any other court to exercise within the
local limits of its jurisdiction all or any of the powers exercisable by the
Supreme Court under clause (2).
(4) The
right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution.
129.
Supreme Court to be a court of record.—
The
Supreme Court shall be a court of record and shall have all the powers of such
a court including the power to punish for contempt of itself.
131.
Original jurisdiction of the Supreme Court.—
Subject to
the provisions of this Constitution, the Supreme Court shall, to the exclusion
of any other court, have original jurisdiction in any dispute—
(a)
between the Government of India and one or more States; or
(b)
between the Government of India and any State or States on one
side and
one or more other States on the other; or
(c)
between two or more States,
if and in
so far as the dispute involves any question (whether of law or fact) on which the
existence or extent of a legal right depends
Provided
that the said jurisdiction shall not extend to a dispute arising
out of any
treaty, agreement, covenant, engagement,
sanad or other similar instrument which, having been entered into or
executed before the commencement of this Constitution, continues in operation
after such commencement, or which provides that the said jurisdiction shall not
extend to such a dispute.
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 to 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 deciding an issue which, if decided in favour of the appellant,
would be sufficient for the final disposal of the case.
133.
Appellate jurisdiction of Supreme Court in appeals from High
Courts
in regard to civil matters.—
(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 under article 134A—
(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.
(2)
Notwithstanding anything in article 132, any party appealing to the Supreme
Court under clause (1) may urge as one of the grounds in such appeal that a
substantial question of law as to the interpretation of this Constitution has been
wrongly decided.
(3)
Notwithstanding anything in this article, 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.
134.
Appellate jurisdiction of Supreme Court in regard to criminal
matters.—
(1) An appeal shall lie to
the Supreme Court from any judgment, final order or sentence in a criminal
proceeding of a High Court in the territory of India if the High Court—
(a) has on appeal
reversed an order of acquittal of an accused person and sentenced him to death;
or
(b) has withdrawn for
trial before itself any case from any court
subordinate to its
authority and has in such trial convicted the accused person and sentenced him
to death; or
(c) certifies under
article 134A that the case is a fit one for appeal to the Supreme Court:
Provided
that an appeal under sub-clause (c) shall lie subject to such
provisions
as may be made in that behalf under clause (1) of article 145 and to such
conditions as the High Court may establish or require.
(2)
Parliament may by law confer on the Supreme Court any further
powers to
entertain and hear appeals from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of India subject to such conditions
and limitations as may be specified in such law.
134A.
Certificate for appeal to the Supreme Court.—
Every High
Court, passing or making a judgment, decree, final order, or sentence, referred
to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of
article 134,—
(a) may,
if it deems fit so to do, on its own motion; and
(b) shall,
if an oral application is made, by or on behalf of the party
aggrieved,
immediately after the passing or making of such judgment,
decree,
final order or sentence, determine, as soon as may be after such passing or making, the question whether
a certificate of the nature referred to in clause (1) of article 132, or clause
(1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article
134, may be given in respect of that case.
135.
Jurisdiction and powers of the Federal Court under existing
law to
be exercisable by the Supreme Court.—
Until
Parliament by law otherwise provides, the Supreme Court shall also have
jurisdiction and powers with respect to any matter to which the provisions of
article 133 or article 134 do not apply if jurisdiction and powers in relation
to that matter were exercisable by the Federal Court immediately before the
commencement of this Constitution under any existing law.
136.
Special leave to appeal by the Supreme Court.—
(1) Notwithstanding
anything in this Chapter, the Supreme Court may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or
order in any cause or matter passed or made by any court or tribunal in the
territory of India.
(2)
Nothing in clause (1) shall apply to any judgment, determination,
sentence
or order passed or made by any court or tribunal constituted by or under any
law relating to the Armed Forces.
137.
Review of judgments or orders by the Supreme Court.—
Subject to
the provisions of any law made by Parliament or any rules made under article
145, the Supreme Court shall have power
to review any judgment pronounced or order made by it.
138.
Enlargement of the jurisdiction of the Supreme Court.—
(1) The Supreme
Court shall have such further jurisdiction and powers with respect to any of
the matters in the Union List as Parliament may by law confer.
(2) The
Supreme Court shall have such further jurisdiction and powers with respect to
any matter as the Government of India and the Government of any State may by
special agreement confer, if Parliament by law provides for the exercise of
such jurisdiction and powers by the Supreme Court.
139.
Conferment on the Supreme Court of powers to issue certain
writs.—
Parliament
may by law confer on the Supreme Court power to issue directions, orders or
writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, or
any of them, for any purposes other than those mentioned in clause (2) of
article 32.
139A.
Transfer of certain cases.—
(1) Where
cases involving the same or substantially the same questions of law are pending before the Supreme Court
and one or more High Courts or before two or more High Courts and the Supreme
Court is satisfied on its own motion or on an application made by the Attorney-General
of India or by a party to any such case that such questions are substantial
questions of general importance, the Supreme Court may withdraw the case or
cases pending before the High Court or the High Courts and dispose of all the
cases itself:
Provided
that the Supreme Court may after determining the said
questions
of law return any case so withdrawn together with a copy of its judgment on
such questions to the High Court from which the case has been withdrawn, and
the High Court shall on receipt thereof, proceed to dispose of the case in
conformity with such judgment.
(2) The
Supreme Court may, if it deems it expedient so to do for the ends of justice,
transfer any case, appeal or other proceedings pending before any High Court to
any other High Court.
140.
Ancillary powers of Supreme Court.—
Parliament
may by law make provision for conferring upon the Supreme Court such
supplemental powers not inconsistent with any of the provisions of this
Constitution as may appear to be necessary or desirable for the purpose of
enabling the Court more effectively to exercise the jurisdiction conferred upon
it by or under this Constitution.
142.
Enforcement of decrees and orders of Supreme Court and
orders
as to discovery, etc.—
(1) The
Supreme Court in the exercise of its jurisdiction may pass such decree or make
such order as is necessary for doing complete justice in any cause or matter
pending before it, and any decree so
passed or
order so made shall be enforceable throughout the territory of India in such
manner as may be prescribed by or under any law made by Parliament and, until
provision in that behalf is so made, in such manner as the President may by
order prescribe.
(2)
Subject to the provisions of any law made in this behalf by
Parliament,
the Supreme Court shall, as respects the whole of the territory of India, have
all and every power to make any order for the purpose of securing the
attendance of any person, the discovery or production of any documents, or the
investigation or punishment of any contempt of itself.
