Before we consider the merits of the case, it is apposite to deal with one question which though arises, was not argued by pointing out the relevant provisions governing the question.
17. As mentioned above, this appeal is filed on a certificate granted by the High Court (Single Judge) on the oral application made by the Appellant immediately after the pronouncement of the impugned judgment as provided Under Article 134-A of the Constitution. The order granting certificate is a part of the impugned judgment in its concluding Para which reads thus:
Learned Counsel for the Respondent seeks leave of this Court to prefer an appeal against this judgment.
Accordingly, leave is granted."
18. What is the true interpretation of Articles 133 and 134-A of the Constitution and who can grant the certificate of fitness to appeal to the Supreme Court remains no more res integra. It is settled by the decision of this Court in State Bank of India and Anr. v. S.B.I. Employees' Union and Anr. MANU/SC/0146/1987 : 1987 (4) SCC 370.
19. The facts of this case and the one involved in the SBI case (supra) are somewhat similar wherein Their Lordships examined the issue as to whether the certificate granted by the High Court (Single Judge) satisfied the requirements contained in Articles 133 and 134-A. Justice Venkataramiah (as His Lordship then was and later became CJI) speaking for the Bench held thus:
2. The certificate contemplated Under Article 134-A of the Constitution can only be a certificate which is referred to in Clause (1) of Article 132 or in Clause (1) of Article 133 or in Sub-clause (c) of Clause (1) of Article 134 of the Constitution. This is quite obvious from the language of Article 134-A of the Constitution. This case does not fall either Under Article 132(1) or under Sub-clause (c) of Article 134(1) as it neither involves a substantial question of law as to the interpretation of the Constitution nor it is a criminal proceeding. It can only fall, if at all, Under Article 133(1) of the Constitution. Article 133 of the Constitution reads thus:
133. (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 134-A--
(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.
3. Clause (3) of Article 133 says that notwithstanding anything in that 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 the High Court. Before the introduction of Article 134-A of the Constitution by the Forty-fourth Amendment of the Constitution there was no express provision in Articles 132, 133 and 134 of the Constitution regarding the time and manner in which an application for a certificate under any of those articles could be made before the High Court. There was also a doubt as to the power of the High Court to issue a certificate suo motu under any of those articles. Article 134-A was enacted to make good the said deficiencies. Article 134-A does not constitute an independent provision under which a certificate can be issued. It is ancillary to Article 132(1), Article 133(1) and Article 134(1)(c) of the Constitution. That is the reason for the use of words "if the High Court certifies Under Article 134-A" in Article 132(1) and Article 133(1) and for the use of the words certifies Under Article 134-A in Article 134(1)(c). The High Court can issue a certificate only when it is satisfied that the conditions in Article 132 or Article 133 or Article 134 of the Constitution as the case may be are satisfied. In the instant case such a certificate could not have been issued by reason of Clause (3) of Article 133 of the Constitution by the learned Single Judge.
4. The fact that in a similar case a certificate had been issued by a Division Bench of the High Court consisting of two judges in a case decided by the Division Bench did not empower the Single Judge to issue the certificate Under Article 133(1) of the Constitution in a case decided by him. The restriction placed by Clause (3) of Article 133 of the Constitution could not be got over by relying upon the order of the Division Bench.
5. We, therefore, revoke the certificate. This petition of appeal may, however, be treated as a special leave petition Under Article 136 of the Constitution and posted for preliminary hearing.
20. In our considered opinion, the law laid down in S.B.I. case (supra) would squarely apply to the case at hand because in the instant case also, the impugned judgment and the certificate of fitness to file an appeal was passed by the Single Judge of the High Court.
21. As held in S.B.I. case, such certificate/leave could not have been issued/granted by the Single Judge by reason of Clause (3) of Article 133 of the Constitution. In other words, the Single Judge of the High Court had no jurisdiction to grant certificate in the light of restrictions contained in Clause (3) of Article 133 of the Constitution.
22. We, therefore, revoke the certificate granted by the Single Judge of the High Court. However, this appeal is treated as a special leave petition Under Article 136 of the Constitution as was done by this Court in S.B.I. case (supra). Leave is accordingly granted.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5817 of 2012
Decided On: 13.04.2017
Agnigundala Venkata Ranga Rao Vs. Indukuru Ramachandra Reddy (dead) by L.Rs. and Ors.
Hon'ble Judges/Coram:
Abhay Manohar Sapre and Navin Sinha, JJ.
Citation:(2017) 7 SCC 694.
Read full judgment here :Click here
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17. As mentioned above, this appeal is filed on a certificate granted by the High Court (Single Judge) on the oral application made by the Appellant immediately after the pronouncement of the impugned judgment as provided Under Article 134-A of the Constitution. The order granting certificate is a part of the impugned judgment in its concluding Para which reads thus:
Learned Counsel for the Respondent seeks leave of this Court to prefer an appeal against this judgment.
Accordingly, leave is granted."
18. What is the true interpretation of Articles 133 and 134-A of the Constitution and who can grant the certificate of fitness to appeal to the Supreme Court remains no more res integra. It is settled by the decision of this Court in State Bank of India and Anr. v. S.B.I. Employees' Union and Anr. MANU/SC/0146/1987 : 1987 (4) SCC 370.
19. The facts of this case and the one involved in the SBI case (supra) are somewhat similar wherein Their Lordships examined the issue as to whether the certificate granted by the High Court (Single Judge) satisfied the requirements contained in Articles 133 and 134-A. Justice Venkataramiah (as His Lordship then was and later became CJI) speaking for the Bench held thus:
2. The certificate contemplated Under Article 134-A of the Constitution can only be a certificate which is referred to in Clause (1) of Article 132 or in Clause (1) of Article 133 or in Sub-clause (c) of Clause (1) of Article 134 of the Constitution. This is quite obvious from the language of Article 134-A of the Constitution. This case does not fall either Under Article 132(1) or under Sub-clause (c) of Article 134(1) as it neither involves a substantial question of law as to the interpretation of the Constitution nor it is a criminal proceeding. It can only fall, if at all, Under Article 133(1) of the Constitution. Article 133 of the Constitution reads thus:
133. (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 134-A--
(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.
3. Clause (3) of Article 133 says that notwithstanding anything in that 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 the High Court. Before the introduction of Article 134-A of the Constitution by the Forty-fourth Amendment of the Constitution there was no express provision in Articles 132, 133 and 134 of the Constitution regarding the time and manner in which an application for a certificate under any of those articles could be made before the High Court. There was also a doubt as to the power of the High Court to issue a certificate suo motu under any of those articles. Article 134-A was enacted to make good the said deficiencies. Article 134-A does not constitute an independent provision under which a certificate can be issued. It is ancillary to Article 132(1), Article 133(1) and Article 134(1)(c) of the Constitution. That is the reason for the use of words "if the High Court certifies Under Article 134-A" in Article 132(1) and Article 133(1) and for the use of the words certifies Under Article 134-A in Article 134(1)(c). The High Court can issue a certificate only when it is satisfied that the conditions in Article 132 or Article 133 or Article 134 of the Constitution as the case may be are satisfied. In the instant case such a certificate could not have been issued by reason of Clause (3) of Article 133 of the Constitution by the learned Single Judge.
4. The fact that in a similar case a certificate had been issued by a Division Bench of the High Court consisting of two judges in a case decided by the Division Bench did not empower the Single Judge to issue the certificate Under Article 133(1) of the Constitution in a case decided by him. The restriction placed by Clause (3) of Article 133 of the Constitution could not be got over by relying upon the order of the Division Bench.
5. We, therefore, revoke the certificate. This petition of appeal may, however, be treated as a special leave petition Under Article 136 of the Constitution and posted for preliminary hearing.
20. In our considered opinion, the law laid down in S.B.I. case (supra) would squarely apply to the case at hand because in the instant case also, the impugned judgment and the certificate of fitness to file an appeal was passed by the Single Judge of the High Court.
21. As held in S.B.I. case, such certificate/leave could not have been issued/granted by the Single Judge by reason of Clause (3) of Article 133 of the Constitution. In other words, the Single Judge of the High Court had no jurisdiction to grant certificate in the light of restrictions contained in Clause (3) of Article 133 of the Constitution.
22. We, therefore, revoke the certificate granted by the Single Judge of the High Court. However, this appeal is treated as a special leave petition Under Article 136 of the Constitution as was done by this Court in S.B.I. case (supra). Leave is accordingly granted.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5817 of 2012
Decided On: 13.04.2017
Agnigundala Venkata Ranga Rao Vs. Indukuru Ramachandra Reddy (dead) by L.Rs. and Ors.
Hon'ble Judges/Coram:
Abhay Manohar Sapre and Navin Sinha, JJ.
Citation:(2017) 7 SCC 694.
Read full judgment here :Click here
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