This Bill seeks to give effect to
the recommendations of the Law
Commission of India in its Forty-fourth and Forty-fifth Reports on
Civil Appeals to the Supreme Court on certificate of fitness.
present an appeal lies to the Supreme Court, inter
alia, on a
certificate given by a High Court that the amount or the value of the
subject-matter of dispute is not less than twenty thousand rupees or
that the judgment, decree or final order involves,
indirectly, some claim or question respecting property of the like
amount. The valuation cannot be the rational yardstick for a right to
appeal. An important question of law can arise even in suits of small
value and the test of valuation results in cases without merit going
up to the Supreme Court. The Law Commission recommended that clauses
(a) and (b) of article 133(1) of the Constitution should be omitted
and that an appeal should lie to the Supreme Court only if the High
Court certifies that the case involves a substantial question of law
of general importance and that in the opinion of the High Court the
said question needs to be decided by the Supreme Court. The amendment
of the article accordingly would curtail the number of appeals which
are filed in the Supreme Court merely on the valuation test
satisfied, without any merit in them. The Bill seeks to achieve this
H. R. GOKHALE.
The 8th May, 1972.
THE CONSTITUTION (THIRTIETH AMENDMENT)
[22nd February, 1973.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament the Twenty-third
Year of the Republic of
India as follows:-
1. Short title and
commencement.-(1) This Act may be called the
Constitution (Thirtieth Amendment) Act, 1972.
(2) It shall come into
force on such date_665 as the Central
Government may, by notification in the Official Gazette, appoint.
2. Amendment of article 133.-In article
133 of the Constitution, for
clause (1), the following clause shall be substituted, namely:-
"(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
(b) that in the opinion of the High Court the
said question needs to
be decided by the Supreme Court.".
3. Special provision as to pending
proceedings, etc.-(1) Nothing in
this Act shall affect-
(a) any appeal under sub-clause (a) or
sub-clause (b) or sub-clause
(c) of clause (1) of article 133 of the Constitution which immediately
before the commencement of this Act was pending before the Supreme
(b) any appeal preferred on or
after the commencement of this Act
against any judgement, decree or final order in a civil proceeding of
a High Court by virtue of a certificate given by the High Court before
the commencement of this Act under sub-clause (a) or sub-clause (b) or
sub-clause (c) of clause (1) of article 133.
and every such appeal may be heard and disposed of
or, as the case may
be, entertained, heard and disposed of by the Supreme Court as if this
Act had not been passed.
(2) Subject to the provisions of sub-section
(1), no appeal shall lie
to the Supreme Court under clause (1) of
article 133 of the
Constitution from any judgment, decree or final order arising out of a
suit or other civil proceeding which was instituted or commenced in
any court before the commencement of this Act unless such
satisfies the provisions of that clause as amended by this Act.