Article 132 of CoI : Article 132: Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases.

Explanation using Example

Example 1:

Scenario: A civil dispute over property ownership.

Details: Mr. Sharma and Mr. Verma are involved in a legal dispute over the ownership of a piece of land. The High Court rules in favor of Mr. Sharma, stating that the land belongs to him based on the interpretation of certain constitutional provisions related to property rights.

Application of Article 132: Mr. Verma believes that the High Court's interpretation of the constitutional provisions is incorrect and involves a substantial question of law. He requests the High Court to certify the case under Article 134A, which the High Court grants. Mr. Verma then appeals to the Supreme Court, arguing that the High Court's decision on the constitutional interpretation was wrong.

Example 2:

Scenario: A criminal case involving the right to a fair trial.

Details: Ms. Gupta is convicted of a crime by the High Court. She argues that her right to a fair trial, as guaranteed by the Constitution, was violated during the proceedings. The High Court dismisses her appeal, upholding the conviction.

Application of Article 132: Ms. Gupta believes that her case involves a substantial question of law regarding the interpretation of her constitutional right to a fair trial. She requests the High Court to certify the case under Article 134A. The High Court agrees and issues the certificate. Ms. Gupta then appeals to the Supreme Court, contending that the High Court's interpretation of her constitutional rights was incorrect and that her conviction should be overturned.

Example 3:

Scenario: A dispute over the interpretation of fundamental rights.

Details: A group of citizens files a public interest litigation (PIL) in the High Court, challenging a state law that they believe infringes on their fundamental rights to freedom of speech and expression. The High Court rules that the state law is constitutional and does not violate their rights.

Application of Article 132: The citizens believe that the High Court's decision involves a substantial question of law regarding the interpretation of their fundamental rights under the Constitution. They request the High Court to certify the case under Article 134A. The High Court grants the certification. The citizens then appeal to the Supreme Court, arguing that the High Court's interpretation of their fundamental rights was incorrect and that the state law should be struck down.

Example 4:

Scenario: A case involving the interpretation of constitutional amendments.

Details: A political party challenges a recent constitutional amendment in the High Court, arguing that it alters the basic structure of the Constitution. The High Court upholds the amendment, stating that it does not violate the basic structure doctrine.

Application of Article 132: The political party believes that the High Court's decision involves a substantial question of law regarding the interpretation of the basic structure doctrine and the validity of constitutional amendments. They request the High Court to certify the case under Article 134A. The High Court agrees and issues the certificate. The political party then appeals to the Supreme Court, contending that the High Court's interpretation was incorrect and that the amendment should be invalidated.