The 30th amendment of Indian Constitution (Thirtieth Amendment) Act, 1972 amends article 133. Amendment Objective was to change the basis for appeals in civil cases before the Supreme Court of India from value criterion to one involving important legal issues.
Read this article to learn more about the 30th amendment of the Indian constitution.
30th Amendment Of The Indian Constitution
The 30th Amendment of the Constitution of India is officially termed The Constitution (Thirtieth Amendment) Act, 1972. On June 9, 1972, the 29th Amendment came into effect. Article 133 is modified by the Constitution (Thirtieth Amendment) Act, 1972.
With the passage of this Act, the Law Commission of India is able to implement the recommendations made in its forty-fourth and forty-fifth reports on civil appeals to the Supreme Court on certificates of fitness.
After this Act was passed, the Law Commission of India was able to put its forty-fourth and forty-fifth reports’ recommendations into practice. These reports cover civil appeals of certificates of fitness to the Supreme Court.
Objects And Reasons
With this bill, the Law Commission of India hopes to implement the suggestions made in its forty-fourth and forty-fifth reports on civil appeals to the Supreme Court regarding the certificate of fitness. Currently, there is a right of appeal to the Supreme Court, among other things, based on a High Court’s certification that the sum or value of the object of the dispute is not less than 20,000 rupees or that the judgment, decree, or final order involves a claim or question involving property worth the same amount, directly or indirectly.
The valuation cannot be the justification for the right of an appeal. An important question of law can arise even from modestly valued cases. Additionally, the value test causes matters with no merit to be appealed to the Supreme Court. Article 133(1) of the Constitution should be changed to delete clauses (a) and (b), according to the Law Commission. Furthermore, a case should only be appealable to the Supreme Court if the High Court certifies that it includes a substantial question of law of general importance and that, in the High Court’s view, the Supreme Court should settle the issue. By amending the article in this way, the Supreme Court would receive fewer appeals that lack any substance and are only submitted because the valuation criteria were met. This goal is what the Bill aims to accomplish.
See Also – 29th Amendment Of Indian Constitution
Amendments Made By 30th Amendment Of Indian Constitution
Amendment of article 133.-In article 133of the Constitution, Section 2 substitutes a new clause for the existing clause (1), namely-
“(1) Any judgment, decree, or final order rendered by a High Court in a civil proceeding within the territory of India may be appealed to the Supreme Court if the High Court certifies that:
(a)that a significant legal issue of public interest is involved in the case; and
(b) the High Court believes that the Supreme Court should address the aforementioned issue.”
According to Section 3, this Act shall affect-
(a) any appeal pending before the Supreme Court as of the start of this Act under subclause (a), subclause (b), or subclause (c) of clause (1) of article 133 of the Constitution; or
(b) a High Court certificate issued prior to the effective date of this Act under subclause (a), subclause (b), or subclause (c) of clause (1) of article 133 may be used to support any appeal filed on or after the effective date of this Act against any judgment, decree, or final order in a civil proceeding of a High Court.
The Supreme Court may analyze, hear, and decide on each of these appeals as if this Act had not been passed.
(2) Subject to subsection (1), no appeal under article 133(1) of the Indian Constitution shall lie to the Supreme Court from any judgment, decree, or final order arising out of a suit or other civil proceeding that was commenced in any court prior to the effective date of this Act unless such appeal complies with the provisions of that clause as amended by this Act.
Since 9 June 1972, the 29th Amendment has been in effect. These updates article 133. This bill aims to implement the suggestions made by the Law Commission of India in its forty-fourth and forty-fifth reports on civil appeals to the Supreme Court regarding certificates of fitness.