Article 131 and Article 132 of the Constitution of India: Supreme Court Jurisdiction

Articles 131 and 132 are part of Chapter IV of Part V of the Constitution of India, dealing with the Union Judiciary. Article 131 gives the Supreme Court exclusive original jurisdiction over specified federal disputes, while Article 132 provides a constitutional route of appeal from a High Court where a substantial question of law concerning interpretation of the Constitution is involved.

Legal text and official-resource links reviewed on 19 September 2026.

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Article 131 - Original jurisdiction of the Supreme Court

Meaning: Original jurisdiction means that a proceeding covered by Article 131 can be instituted directly in the Supreme Court rather than reaching it by appeal from another court. The jurisdiction is exclusive for the categories of federal disputes specified in the Article and applies only where the dispute involves a question of law or fact on which the existence or extent of a legal right depends.

Text of Article 131

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.

Essential requirements of Article 131

  • The parties must fall within the governmental categories stated in clauses (a), (b) or (c).
  • The dispute must concern a question of law or fact on which the existence or extent of a legal right depends.
  • The Supreme Court's jurisdiction under Article 131 is original and exclusive for disputes that satisfy the constitutional requirements.
  • The proviso excludes specified disputes arising from certain pre-Constitution treaties, agreements, covenants, engagements, sanads or similar instruments.
Important distinction: Article 131 is not a general provision for every dispute involving a State or the Union. The constitutional conditions regarding the parties and the legal right in dispute must be satisfied.

Article 132 - Appellate jurisdiction in constitutional cases

Meaning: Appellate jurisdiction is the authority to hear an appeal from a decision of another court. Article 132 applies to a judgment, decree or final order of a High Court in a civil, criminal or other proceeding where the High Court certifies under Article 134A that the case involves a substantial question of law as to the interpretation of the Constitution.

Text of Article 132

(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.

(2) Omitted.

(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.

Requirements for an appeal under Article 132

  • There must be a judgment, decree or final order of a High Court in India.
  • The proceeding may be civil, criminal or another type of proceeding.
  • The High Court must grant the constitutional certificate contemplated by Article 134A.
  • The case must involve a substantial question of law as to the interpretation of the Constitution.
  • Once the certificate is granted, a party may challenge the decision of that constitutional question before the Supreme Court.

Article 132 should be read with Article 133 for specified civil appeals, Articles 134 and 134A for criminal appellate jurisdiction and certificates, and Article 136 for the Supreme Court's discretionary special leave jurisdiction.

Difference between Article 131 and Article 132

Article 131 concerns specified disputes that begin in the Supreme Court itself. Article 132, by contrast, concerns an appeal to the Supreme Court from a High Court where the required certificate is granted because the case involves a substantial question of constitutional interpretation. In short, Article 131 is a form of original jurisdiction, while Article 132 is appellate jurisdiction.