ANNEXURES

ANNEXURE A

GOVERNMENT OF INDIA ACT, 1935 (26 Geo. 5 & 1 Edw. 8 c. 2)

Sec. 204: Original Jurisdiction of Federal Court.- (1) Subject to the provisions of
this Act, the Federal Court shall, to the exclusion of any other court, have an original
jurisdiction in any dispute between any two or more of the following parties, that is to
say, the Federation, any of the Provinces or any of the Federated 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) a dispute to which a State is a party, unless the dispute- (i) concerns
the interpretation of this Act or of an Order in Council made thereunder, or the extent
of legislative or executive authority vested in the Federation by virtue of the
Instrument of Accession of that State; or (ii) arises under an agreement made under
Part VI of this Act in relation to the administration in that State of a law of the Federal
Legislature has power to make laws for that State; or (iii) arises under an agreement
made after the establishment of the Federation, with the approval of His Majesty’s
Representative for the exercise of the functions of the Crown in its relations with
Indian States, between that State and the Federation or a Province, being an agreement
which expressly provides that the said jurisdiction shall extend to such a dispute; (b) a
dispute arising under any agreement which expressly provides that the said
jurisdiction shall not extend to such a dispute. (2) The Federal Court in the exercise of
its original jurisdiction shall not pronounce any judgment other than a declaratory
judgment.

Sec. 205: Appellate Jurisdiction of Federal Court in appeals from High Courts in
British India.- (1) An appeal shall lie to the Federal Court from any judgment, decree
or final order of a High Court in British India, if the High Court certifies that the case
involves a substantial question of law as to the interpretation of this Act or any Order
in Council made thereunder, and it shall be the duty of every High Court in British
India to consider in every case whether or not any such question is involved and of its
own motion to give or to withhold a certificate accordingly. (2) Where such a
certificate is given, any party in the case may appeal to the Federal Court on the
ground that any such question as aforesaid has been wrongly decided, and on any
ground on which that party could have appealed without special leave to His Majesty
in Council if no such certificate had been given, and, with the leave of the Federal
Court, on any other ground, and no direct appeal shall lie to His Majesty in Council,
either with or without special leave.

Sec. 206: Power of Federal Legislature to enlarge appellate jurisdiction.- (1) The
Federal Legislature may by Act provide that in such civil cases as may be specified in
the Act an appeal shall lie to the Federal Court from a judgment, decree or final order
of a High Court in British India without any such certificate as aforesaid, but no

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appeal shall lie under any such Act unless (a) as aforesaid provided that (a) the
amount or value of the subject-matter of the dispute in the court of first instance and
still in dispute on appeal was and is not less than fifty thousand rupees or such other
sum not less than fifteen thousand rupees as may be specified by the Act, or the
judgment, decree or final order involves directly or indirectly some claim or question
respecting property of the like amount or value; in the Court of first instance and at
the time of appealing, or the judgment, decree or final order involves directly or
indirectly some claim or question respecting property of like amount or value; or (b)
the Federal Court gives special leave to appeal. (2) The Federal Legislature makes
such provision as is mentioned in the last preceding subsection, consequential
provision may also be made by Act of the Federal Legislature for the abolition in
whole or in part of direct appeals in civil cases from High Courts in British India to
His Majesty in Council, either with or without special leave. (3) A Bill or amendment
for any of the purposes specified in this section shall not be introduced into, or moved
in, either Chamber of the Federal Legislature without the previous sanction of the
Governor-General in his discretion.

Sec. 207: Appellate Jurisdiction of Federal Courts in Appeals from High Courts in
Federated States.- (1) An appeal shall lie to the Federal Court from a High Court in a
Federated State on the ground that a question of law has been wrongly decided, being
a question which concerns the interpretation of this Act or of an Order in Council
made there under or the extent of the legislative or executive authority vested in the
Federation by virtue of the Instrument of Accession of that State, or arises under an
agreement made under Part VI of this Act in relation to the administration in that
State of a law of the Federal Legislature. (2) An appeal under this section shall be by
way of a special case to be stated for the opinion of the Federal Court by the High
Court, and the Federal Court may require a case to be so stated, and may return any
case so stated in order that further facts may be stated therein.

Sec. 208: Appeal to His Majesty in Council.- An appeal may be brought to His
Majesty in Council from a decision of the Federal Court- (a) from any judgment of
the Federal Court given in the exercise of its original jurisdiction in any dispute which
concerns the interpretation of this Act or of an Order in Council made there under, or
the extent of the legislative or executive authority vested in the Federation by virtue of
the Instrument of Accession of any State, or arises under an agreement made under
Part VI of this Act in relation to the administration in any State of a law of the Federal
Legislature, without leave; and (b) in any other case, by leave of the Federal Court or
of His Majesty in Council.

Sec. 213: Power of Governor-General to consult Federal Court.- (1) If at any time it
appears to the Governor-General that a question of law has arisen, or is likely to arise,
which is of such a nature and of such public importance that it is expedient to obtain
the opinion of the Federal Court upon it, he may in his discretion refer the questions
to that Court for consideration, and the Court may, after such hearing as they think fit,

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report to the Governor General thereon. (2) No report shall be made under this section
save in accordance with an opinion delivered in open court with the concurrence of a
majority of the Judges present at the hearing of the case, but nothing in this subsection
shall be deemed to prevent a Judge, who does not concur from delivering a dissenting
opinion.

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 ANNEXURE B

THE CONSTITUTION OF INDIA, 1950

Article 13: Laws inconsistent with or in derogation of the fundamental rights.- The
State shall not make any law which takes away or abridges the rights conferred by this
Part and any law made in contravention of this clause shall, to the extent of the
contravention, be void.

Article 32: Remedies for enforcement of rights conferred by this Part.- (1) The right
to move the Supreme Court by appropriate proceedings for the enforcement of the
rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to
issue directions or orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate,
for the enforcement of any of the rights conferred by this Part. (3) Without prejudice
to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may
by law empower any other Court to exercise within the local limits of its jurisdiction
all or any of the powers exercisable by the Supreme Court under clause (2). (4) The
right guaranteed by this article shall not be suspended except otherwise provided for
by this Constitution.

Article 71: Matters relating to, or connected with, the election of a President or
Vice-President.- (1) All doubts and disputes arising out of or in connection with the
election of a President or Vice-President shall be inquired into and decided by the
Supreme Court whose decision shall be final. (2) If the election of a person as
President or Vice-President is declared void by the Supreme Court, acts done by him
in the exercise and performance of the powers and duties of the office of President or
Vice-President, as the case may be, on or before the date of the decision of the
Supreme Court shall not be invalidated by reason of that declaration. (3) Subject to
the provisions of this Constitution, Parliament may by law regulate any matter
relating to or connected with the election of a President or Vice-President. (4) The
election of a person as President or Vice-President shall not be called in question on
the ground of the existence of any vacancy for whatever reason among the members
of the electoral college electing him.

Article 128: Attendance of retired Judges at sittings of the Supreme Court.-

Notwithstanding anything in this Chapter, the Chief Justice of India may at any time,
with the previous consent of the President, request any person who has held the office
of a Judge of the Supreme Court or of the Federal Court or who has held the office of
a Judge of a High Court and is duly qualified for appointment as a Judge of the
Supreme Court to sit and act as a Judge of the Supreme Court, and every such person
so requested shall, while so sitting and acting, be entitled to such allowances as the
President may by order determine and have all the jurisdiction, powers and privileges

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of, but shall not otherwise be deemed to be, a Judge of that Court: Provided that
nothing in this article shall be deemed to require any such person as aforesaid to sit
and act as a Judge of that Court unless he consents so to do.

Article 130: Seat of the Supreme Court.- The Supreme Court shall sit in Delhi or in
such other place or places, as the Chief Justice of India may, with the approval of the
President, from time to time, appoint.

Article 131: Original jurisdiction of the Supreme Court.- 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.

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

Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts
regarding civil matters.- (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 134A (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.

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Article 134: Appellate jurisdiction of Supreme Court in regard to criminal matters.-
(1) An appeal shall lie to the Supreme Court from any judgment, final order or
sentence in a criminal proceeding of a High Court in the territory of India if the High
Court- (a) has on appeal reversed an order of acquittal of an accused person and
sentenced him to death; or (b) has withdrawn for trial before itself any case from any
Court subordinate to its authority and has in such trial convicted the accused person
and sentenced him to death; or (c) certifies under Art. 134A that the case is a fit one
for appeal to the Supreme Court: Provided that an appeal under sub-clause (c) shall lie
subject to such provisions as may be made in that behalf under clause (1) of article
145 and to such conditions as the High Court may establish or require. (2) Parliament
may by law confer on the Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a criminal proceeding of a High
Court in the territory of India subject to such conditions and limitations as may be
specified in such law.

Article 136: Special leave to appeal by the Supreme Court.- (1) Notwithstanding
anything in this chapter, the Supreme Court may, in its discretion, grant special leave
to appeal from any judgment, decree, determination, sentence or order in any cause or
matter passed or made by any Court or tribunal in the territory of India. (2) Nothing in
clause (1) shall apply to any judgment, determination, sentence or order passed or
made by any Court or tribunal constituted by or under any law relating to the Armed
Forces.

Article 137: Review of Judgments or orders by the Supreme Court.- Subject to the
provisions of any law made by Parliament or any rules made under Art. 145, the
Supreme Court shall have power to review any judgment pronounced or order made
by it.

Article 138: Enlargement of the jurisdiction of the Supreme Court.- (1) The
Supreme Court shall have such further jurisdiction and powers with respect to any of
the matters in the Union List as Parliament may by law confer. (2) The Supreme
Court shall have such further jurisdiction and powers with respect to any matter as the
Government of India and the Government of any State may by special agreement
confer, if Parliament by law provides for the exercise of such jurisdiction and powers
by the Supreme Court.

Article 139-A: Transfer of certain cases.- (1) Where cases involving the same or
substantially the same questions of law are pending before the Supreme Court and one
or more High Courts or before two or more High Courts and the Supreme Court is
satisfied on its own motion or an application made by the Attorney-General of India
or by a party to any such case that such questions are substantial questions of general
importance, the Supreme Court may withdraw the case or cases pending before the
High Court or the High Courts and dispose of all the cases itself: Provided that the

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Supreme Court may after determining the said questions of law return any case so
withdrawn together with a copy of its judgment on such questions to the High Court
from which the case has been withdrawn, and the High Court shall on receipt thereof,
proceed to dispose of the case in conformity with such judgment. (2) The Supreme
Court may, if it deems it expedient so to do for the ends of justice, transfer any case,
appeal or other proceedings pending before any High Court to any other High Court.

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.- (1) The Supreme Court in the exercise of its jurisdiction may pass
such decree or make such order as is necessary for doing complete justice in any
cause or matter pending before it, and any decree so passed or order so made shall be
enforceable throughout the territory of India in such manner as may be prescribed by
or under any law made by Parliament and, until provision in that behalf is so made, in
such manner as the President may by order prescribe. (2) Subject to the provisions of
any law made in this behalf by Parliament, the Supreme Court shall, as respects the
whole of the territory of India, have all and every power to make any order for the
purpose of securing the attendance of any person, the discovery or production of any
documents, or the investigation or punishment of any contempt of itself.

Article 143: Power of President to consult the Supreme Court.- (1) If at any time it
appears to the President that a question of law or fact has arisen, or is likely to arise,
which is of such a nature and of such public importance that it is expedient to obtain
the opinion of the Supreme Court upon it, he may refer the question to that Court for
consideration and the Court may, after such hearing as it thinks fit, report to the
President its opinion thereon. (2) The President may, notwithstanding anything in the
proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the
Supreme Court for opinion and the Supreme Court shall, after such hearing as it
thinks fit, report to the President its opinion thereon.

Article 144: Civil and judicial authorities to act in aid of the Supreme Court.- All
authorities, civil and judicial, in the territory of India, shall act in aid of the Supreme
Court.

Article 144A: Special Provisions as to disposal of questions relating to

Constitutional validity of law.- (1) The minimum number of Judges of the Supreme
Court who shall sit for the purpose of determining any question as to the
constitutional validity of any Central law or State law shall be seven. (2) A central law
or a State law shall not be declared to be unconstitutionally invalid by the Supreme
Court unless a majority of not less than two-thirds of the Judges sitting for the
purpose of determining the question as to the Constitutional validity of such law hold
it to be constitutionally invalid.

Article 145: Rules of Court, etc.- (1) Subject to the provisions of any law made by
Parliament, the Supreme Court may from time to time, with the approval of the

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President, make rules for regulating generally the practice and procedure of the Court
including— (a) rules as to the persons practising before the Court; (b) rules as to the
procedure for hearing appeals and other matters pertaining to appeals including the
time within which appeals to the Court are to be entered; (c) rules as to the
proceedings in the Court for the enforcement of any of the rights conferred by Part III;
(cc) rules as to the proceedings in the Court under article 139A (d) rules as to the
entertainment of appeals under sub-clause (c) of clause (1) of article 134; (e) rules as
to the conditions subject to which any judgment pronounced or order made by the
Court may be reviewed and the procedure for such review including the time within
which applications to the Court for such review are to be entered; (f) rules as to the
costs of and incidental to any proceedings in the Court and as to the fees to be charged
in respect of proceedings therein; (g) rules as to the granting of bail; (h) rules as to
stay of proceedings; (i) rules providing for the summary determination of any appeal
which appears to the Court to be frivolous or vexatious or brought for the purpose of
delay; (j) rules as to the procedure for inquiries referred to in clause (1) of article 317.
(2) Subject to the provisions of rules made under this article may fix the minimum
number of Judges who are to sit for any purpose, and may provide for the powers of
single Judges and Division Courts. (3) The minimum number of Judges who are to sit
for the purpose of deciding any case involving a substantial question of law as to the
interpretation of this Constitution or for the purpose of hearing any reference under
article 143 shall be five: Provided that, where the Court hearing an appeal under any
of the provisions of this Chapter other than article 132 consists of less than five
Judges and in the course of the hearing of the appeal the Court is satisfied that the
appeal involves a substantial question of law as to the interpretation of this
Constitution the determination of which is necessary for the disposal of the appeal,
such Court shall refer the question for opinion to a Court constituted as required by
this clause for the purpose of deciding any case involving such a question and shall on
receipt of the opinion dispose of the appeal in conformity with such opinion. (4) No
judgment shall be delivered by the Supreme Court save in open Court, and no report
shall be made under article 143 save in accordance with an opinion also delivered in
open Court. (5) No judgment and no such opinion shall be delivered by the Supreme
Court save with the concurrence of a majority of the Judges present at the hearing of
the case, but nothing in this clause shall be deemed to prevent a Judge who does not
concur from delivering a dissenting judgment or opinion.

Article 212: Courts not to inquire into proceedings of the Legislature.- (1) The
validity of any proceedings in the Legislature of a State shall not be called in question
on the ground of any alleged irregularity of procedure. (2) No officer or member of
the Legislature of a State in whom powers are vested by or under this Constitution for
regulating procedure or the conduct of business, or for maintaining order, in the
Legislature shall be subject to the jurisdiction of any Court in respect of the exercise
by him of those powers.

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Article 262: Adjudication of disputes relating to waters of inter-State rivers or river
valleys.- (1) Parliament may by law provide for the adjudication of any dispute or
complaint with respect to the use, distribution or control of the waters of, or in, any
inter-State river or river valley. (2) Notwithstanding anything in this Constitution,
Parliament may by law provide that neither the Supreme Court nor any other Court
shall exercise jurisdiction in respect of any such dispute or complaint with respect to
the use, distribution or control of the waters of, or in, any inter-State river or river
valley.

Article 317: Removal and suspension of a member of a Public Service

Commission.- (1) Subject to the provisions of clause (3), the chairman or any other
member of a Public Service Commission shall only be removed from his office by
order of the President on the ground of misbehaviour after the Supreme Court, on
reference being made to it by the President, has, on inquiry held in accordance with
the procedure prescribed in that behalf under Art. 145, reported that the chairman or
such other member, as the case may be, ought on any such ground to be removed. (2)
The President, in the case of the Union Commission or a Joint Commission, and the
Governor, in the case of a State Commission, may suspend from office of the
Chairman or any other member of the Commission in respect of whom a reference has
been made to the Supreme Court under clause (1) until the President has passed orders
on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding
anything in clause (1), the President may by order remove from office the Chairman
or any other member of a Public Service Commission if the Chairman or such other
member, as the case may be,— (a) is adjudged an insolvent; or (b) engages during his
term of office in any paid employment outside the duties of his office; or (c) is, in the
opinion of the President, unfit to continue in office by reason of infirmity of mind or
body. (4) If the Chairman or any other member of a Public Service Commission is or
becomes in any way concerned or interested in any contract or agreement made by or
on behalf of the Government of India or the Government of a State or participates in
any way in the profit thereof or in any benefit or emolument arising therefrom
otherwise than as a member and in common with the other members of an
incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty
of misbehaviour.

Article 323A: Administrative Tribunals.- (1) Parliament may, by law, provide for the
adjudication or trial by administrative tribunals of disputes and complaints with
respect to recruitment and conditions of service of persons appointment to public
services and posts in connection with the affairs of the Union or of any State or of any
local or other authority within the territory of India or under the control of the
Government of India or of any corporation owned or controlled by the Government.
(2) A Law made under Clause (1) may- (a) provide for the establishment of an
administrative tribunal for the Union and a separate administrative tribunal for each
State or for two or more States; (b) specify the jurisdiction, powers (including the
power to punish for contempt) and authority which may be exercised by each of the

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said tribunals; (c) provide for the procedure (including provisions as to limitation and
rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of
all Courts, except the jurisdiction of the Supreme Court under Art. 136, with respect
to the disputes or complaints referred to in clause (1); (e) provide for the transfer to
each such administrative tribunal of any cases pending before any Court or other
authority immediately before the establishment of such tribunal as would have been
within the jurisdiction of such tribunal if the cause of action on which such suits or
proceedings are based had arisen after such establishment; (f) repeal or amend any
order made by the President under clause (3) of article 371-D; (g) contain such
supplemental, incidental and consequential provisions (including provisions as to
fees) as Parliament may deem necessary for the effective functioning of, and for the
speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (3)
The provisions of this article shall have effect notwithstanding anything in any other
provision of this Constitution or in any other law for the time being in force.

Article 323B: Tribunals for other matters.- (1) The appropriate Legislature may, by
law, provide for the adjudication or trial by tribunals of any disputes, complaints, or
offences with respect to all or any of the matters specified in clause (2) with respect to
which such Legislature has the power to make laws. (2) The matters referred to in
clause (1) are the following, namely:- (a) levy, assessment, collection and
enforcement of any tax; (b) foreign exchange, import and export across customs
frontiers; (c) industrial and labour disputes; (d) land reforms by way of acquisition by
the State of any estate as defined in article 31-A or of any rights therein or the
extinguishment or modification of any such rights or by way of ceiling on agricultural
land or in any other way; (e) ceiling on urban property; (f) elections to either House of
Parliament or the House or either House of the Legislature of a State, but excluding
the matters referred to in article 329 and article 329-A; (g) production, procurement,
supply and distribution of foodstuffs (including edible oilseeds and oils) and such
other goods as the President may, by public notification, declare to be essential goods
for the purpose of this article and control of prices of such goods; (h) rent, its
regulation and control and tenancy issues including the rights, title and interest of
landlords and tenants; (i) offences against laws with respect to any of the maters
specified in sub-clauses (a) to (h) and fees in respect of any of those matters; (j) any
matter incidental to any of the matters specified in sub-clauses (a) to (i). (3) A law
under clause (1) may-(a) provide for the establishment of a hierarchy of tribunals; (b)
specify the jurisdiction, powers (including the power to punish for contempt) and
authority which may be exercised by each of the said tribunals; (c) provide for the
procedure (including provisions as to limitation and rules of evidence) to be followed
by the said tribunals; (d) except the jurisdiction of all Courts, except the jurisdiction
of the Supreme Court under article 136, with respect of all or any of the matters
falling within the jurisdiction of the said tribunals; (e) provide for the transfer to each
such tribunal of any cases pending before any Court or any other authority
immediately before the establishment of such tribunal as would have been within the
jurisdiction of such tribunal if the causes of action on which such suits or proceedings

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are based had arisen after such establishment; (f) contain such supplemental,
incidental and consequential provisions (including provisions as to fees) as the
appropriate Legislature may deem necessary for the effective functioning of, and for
the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.
(4) The provisions of this article shall have effect notwithstanding anything in any
other provision of this Constitution or in any other law for the time being in force.
Explanation.- In this article, ‘appropriate Legislature’, in relation to any matter, means
Parliament or, as the case may be, a State Legislature competent to make laws with
respect to such matter in accordance with the provisions of Part XI.

Article 363: Bar to interference by Courts in disputes arising out of certain treaties,
agreements, etc.- (1) Notwithstanding anything in this Constitution but subject to the
provisions of article 143, neither the S.C. nor any other Court shall have jurisdiction
in any dispute arising out of any provision of a treaty, agreement, covenant,
engagement, sanad or other similar instrument which was entered into or executed
before the commencement of this Constitution by any Ruler of an Indian State and to
which the Govt. of the Dominion of India or any of its predecessor Governments was
a party and which has or has been continued in operation after such commencement,
or in any dispute in respect of any right accruing under or any liability or obligation
arising out of any of the provisions of this Constitution relating to any such treaty,
agreement, covenant, engagement, sanad or other similar instrument. (2) In this
article- (a) "Indian State" means any territory recognized before the commencement
of this Constitution by His Majesty or the Government of the Dominion of India as
being such a State; and (b) "Ruler" includes the Prince, Chief or other person
recognised before such commencement by His Majesty or the Government of the
Dominion of India as the Ruler of any Indian State.

Article 367: Interpretation.- Unless the context otherwise requires, the General
Clauses Act, 1897, shall, subject to any adaptations and modifications that may be
made therein under article 372, apply for the interpretation of this Constitution as it
applies for the interpretation of an Act of the Legislature of the Dominion of India.
(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to
Acts or laws of, or made by, the Legislature of a State, shall be construed as including
a reference to an Ordinance made by the President or, to an Ordinance made by a
Governor, as the case may be. (3) For the purposes of this Constitution “foreign
State” means any State other than India: Provided that, subject to the provisions of
any law made by Parliament, the President may by order declare any State not to be a
foreign State for such purposes as may be specified in the order.

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 ANNEXURE C
LEGISLATIVE ENACTMENTS
Advocates Act (Act No. 25 of 1961)

Sec. 36: Disciplinary powers of Bar Council of India.- (1) Where on receipt of a
complaint or otherwise the Bar Council of India has reason to believe that any
advocate whose name is not entered on any State roll has been guilty of professional
or other misconduct, it shall refer the case for disposal to its disciplinary committee.
(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of
the Bar Council of India may, either of its own motion or on a report by a State Bar
Council or on an application made to it by any person interested, withdraw for inquiry
before itself any proceedings for disciplinary action against any advocate pending
before the disciplinary committee of any State Bar Council and dispose of the same.
(3) The disciplinary committee of the Bar Council of India, in disposing of any case
under this section, shall observe, so far as may be, the procedure laid down in section
35, the references to the Advocate-General in that section being construed as
references to the Attorney-General of India. (4) In disposing of any proceedings under
this section the disciplinary committee of the Bar Council of India may make any
order which the disciplinary committee of a State Bar Council can make under sub-
section (3) of section 35, and where any proceedings have been withdrawn for inquiry
before the disciplinary committee of the Bar Council of India the State Bar Council
concerned shall give effect to any such order.

Sec. 37: Appeal to the Bar Council of India.- (1) Any person aggrieved by an order
of the disciplinary committee of a State Bar Council made under section 35, or the
Advocate General of the State may, within sixty days of the date of the
communication of the order to him, prefer an appeal to the Bar Council of India.
(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council
of India which may pass such order including an order varying the punishment
awarded by the disciplinary committee of the State Bar Council thereon as it deems
fit: Provided that no order of the disciplinary committee of the State Bar Council shall
be varied by the disciplinary committee of the Bar Council of India so as to
prejudicially affect the person aggrieved without giving him reasonable opportunity of
being heard.

Sec. 38: Appeal to the Supreme Court.- Any person aggrieved by an order made by
the disciplinary committee of the Bar Council of India under section 36 or section 37
or the Attorney-General of India or the Advocate-General of the State concerned, as
the case may be, may within sixty days of the date on which the order is
communicated to him, prefer an appeal to the Supreme Court and the Supreme Court
may pass such order including an order varying the punishment awarded by the
disciplinary committee of the Bar Council of India thereon as it deems fit: Provided
that no order of the disciplinary committee of the Bar Council of India shall be varied

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by the Supreme Court so as to prejudicially affect the person aggrieved without giving
him a reasonable opportunity of being heard.

Airports Economic Regulatory Authority of India Act (Act No. 27 of 2008)

Sec. 31: Appeal to Supreme Court.- (1) Notwithstanding anything contained in the
Code of Civil Procedure, 1908 or in any other law, an appeal shall lie against any
order, not being an interlocutory order, of the Appellate Tribunal to the Supreme
Court on one or more of the grounds specified in Section 100 of that code. (2) No
appeal shall lie against any decision or order made by Appellate Tribunal with the
consent of the parties. (3) Every appeal under this section shall be preferred within a
period of ninety days from the date of the decision or order appealed against:
Provided the Supreme Court may entertain the appeal after the expiry of the said
period of ninety days, if it is satisfied that the appellant was prevented by sufficient
cause from preferring the appeal in time.

Armed forces Tribunal Act (Act No. 55 of 2007)

Sec. 30: Appeal to Supreme Court.- (1) Subject to the provisions of section 31, an
appeal shall lie to the Supreme Court against the final decision or order of the
Tribunal (other than an order passed under section 19): Provided that such appeal is
preferred within a period of ninety days of the said decision or order: Provided further
that there shall be no appeal against an interlocutory order of the Tribunal. (2) An
appeal shall lie to the Supreme Court as of right from any order or decision of the
Tribunal in the exercise of its jurisdiction to punish for contempt: Provided that an
appeal under this sub-section shall be filed in the Supreme Court within sixty days
from the date of the order appealed against. (3) Pending any appeal under sub-section
(2), the Supreme Court may order that—(a) the execution of the punishment or the
order appealed against be suspended; or (b) if the appellant is in confinement, he be
released on bail: Provided that where an appellant satisfies the Tribunal that he
intends to prefer an appeal, the Tribunal may also exercise any of the powers
conferred under clause (a) or clause (b), as the case may be.

Sec. 31: Leave to appeal.- (1) An appeal to the Supreme Court shall lie with the leave
of the Tribunal; and such leave shall not be granted unless it is certified by the
Tribunal that a point of law of general public importance is involved in the decision,
or it appears to the Supreme Court that the point is one which ought to be considered
by that Court. (2) An application to the Tribunal for leave to appeal to the Supreme
Court shall be made within a period of thirty days beginning with the date of the
decision of the Tribunal and an application to the Supreme Court for leave shall be
made within a period of thirty days beginning with the date on which the application
for leave is refused by the Tribunal. (3) An appeal shall be treated as pending until
any application for leave to appeal is disposed of and if leave to appeal is granted,
until the appeal is disposed and an application for leave to appeal shall be treated as
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disposed of at the expiration of the time within which it might have been made, but it
is not made within that time.

Central Excise and Salt Act (Act No. 1 of 1944)

Sec. 35L: Appeal to Supreme Court.- An appeal shall lie to the Supreme Court from-
(a) any judgment of the High Court delivered on a reference made under section 35G
in any case which, on its own motion or on an oral application made by or on behalf
of the party aggrieved, immediately after the passing of the judgment, the High Court
certifies to be a fit one for appeal to the Supreme Court; or (b) any order passed by the
Appellate Tribunal relating, among other things, to the determination of any question
having a relation to the rate of duty of excise or to the value of goods for purposes of
assessment.

Sec. 35G: Statement of case to High Court.- (1) The Collector of Central Excise or
the other party may, within sixty days of the date of which he is served with notice of
an order under section 35C (not being an order relating, among other things, to the
determination of any question having a relation to the rate of duty of excise or to the
value of goods for purposes of assessment), by application in the prescribed form,
accompanied, where the application is made by the other party, by a fee of two
hundred rupees, require the Appellate Tribunal to refer to the High Court any question
of law arising out of such order and, subject to the other provisions contained in this
section, the Appellate Tribunal shall, within one hundred and twenty days of the
receipt of such application, draw up a statement of the case and refer it to the High
Court: Provided that the Appellate Tribunal may, if it is satisfied that the applicant
was prevented by sufficient cause from presenting the application within the period
hereinbefore specified, allow it to be presented within a further period not exceeding
thirty days. (2) On receipt of notice that an application has been made under sub-
section (1), the person against whom such application has been made, may,
notwithstanding that he may not have filed such an application, file, within forty- five
days of the receipt of the notice, a memorandum of cross- objections verified in the
prescribed manner against any part of the order in relation to which an application for
reference has been made and such memorandum shall be disposed of by the Appellate
Tribunal as if it were an application presented within the time specified in sub- section
(1). (3) If, on an application made under sub- section (1), the Appellate Tribunal
refuses to state the case on the ground that no question of law arises, the Collector of
Central Excise, or, as the case may be, the other party may, within six months from
the date on which he is served with notice of such refusal, apply to the High Court and
the High Court may, if it is not satisfied with the correctness of the decision of the
Appellate Tribunal, require the Appellate Tribunal to state the case and to refer it, and
on receipt of any such requisition, the Appellate Tribunal shall state the case and refer
it accordingly. (4) Where in the exercise of its powers under sub- section (3), the
Appellate Tribunal refuses to state a case which it has been required by an applicant to
state, the applicant may, within thirty days from the date on which he receives notice

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of such refusal, withdraw his application and, if he does so, the fee, if any, paid by
him shall be refunded.

Code of the Civil Procedure (Act No. 5 of 1908)

Sec. 25: Power of Supreme Court to transfer suits, etc.- (1) On the application of a
party, and after notice to the parties, and after hearing such of them as desire to be
heard, the Supreme Court may, at any stage, if satisfied that an Order under this
section is expedient for the ends of justice, direct that any suit, appeal or other
proceeding be transferred from a High Court or other Civil Court in one State to a
High Court or other Civil Court in any other State. (2) Every application under this
section shall be made by a motion which shall be supported by an affidavit. (3) The
Court to which such suit, appeal or other proceeding is transferred shall, subject to
any special directions in the order of transfer, either re-try it or proceed from the stage
at which it was transferred to it. (4) In dismissing any application under this section,
the Supreme Court may, if it is of opinion that the application was frivolous or
vexatious, order the applicant to pay by way of compensation to any person who has
opposed the application such sum, not exceeding two thousand rupees, as it considers
appropriate in the circumstances of the case. (5) The law applicable to any suit, appeal
or other proceeding transferred under this section shall be the law which the Court in
which the suit, appeal or other proceeding was originally instituted ought to have
applied to such suit, appeal or proceeding.

Sec. 100: Second appeal.- (1) Save as otherwise expressly provided in the body of
this Code or by any other law for the time being in force, an appeal shall lie to the
High Court from every decree passed in appeal by any Court subordinate to the High
Court, if the High Court is satisfied that the case involves a substantial question of
law. (2) An appeal may lie under this section from an appellate decree passed exparte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the
substantial question of law involved in the appeal. (4) Where the High Court is
satisfied that a substantial question of law is involved in any case, it shall formulate
that question. (5) The appeal shall be heard on the question so formulated and the
respondent shall, at the hearing of the appeal, be allowed to argue that the case does
not involve such question : Provided that nothing in this sub-section shall be deemed
to take away or abridge the power of the Court to hear, for reasons to be recorded, the
appeal on any other substantial question of law, not formulated by it, if it is satisfied
that the case involves such question. [Substituted by Act No. 104 of 1976, sec. 37 for
Section 100 (w.e.f. 1-2-1977)].

Sec. 109: When appeals lie to the Supreme Court.- Subject to the provisions in
Chapter IV of Part V of the Constitution and such rules as may, from time to time, be
made by the Supreme Court regarding appeals from the Courts of India, and to the
provisions hereinafter contained, an appeal shall lie to the Supreme Court from any

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judgment, decree or final order in a civil proceeding of a High Court, if the High
Court certifies— (i) that the case involves a substantial question of law of general
importance; and (ii) that in the opinion of the High Court the said question needs to be
decided by the Supreme Court.

Code of Criminal Procedure (Act No. 2 of 1974)

Sec. 379: Appeal against conviction by High Court in certain cases.- Where the
High Court has, on appeal reversed an order of acquittal of an accused person and
convicted him and sentenced him to death or to imprisonment for life or to
imprisonment for a term of ten years or more, he may appeal to the Supreme Court.

Sec. 406: Power of Supreme Court to transfer cases and appeals.- (1) Whenever it is
made to appear to the Supreme Court that an order under this section is expedient for
the ends of justice, it may direct that any particular case or appeal be transferred from
one High Court to another High Court or from a Criminal Court subordinate to one
High Court to another Criminal Court of equal or superior jurisdiction subordinate to
another High Court. (2) The Supreme Court may act under this section only on the
application of the Attorney-General of India or of a party interested, and every such
application shall be made by motion, which shall, except when the applicant is the
Attorney-General of India or the Advocate-General of the State, be supported by
affidavit or affirmation. (3) Where any application for the exercise of the powers
conferred by this section is dismissed, the Supreme Court may, if it is of opinion that
the application was frivolous or vexatious, order the applicant to pay by way of
compensation to any person who has opposed the application such sum not exceeding
one thousand rupees as it may consider appropriate in the circumstances of the case.

Companies Act (Act No. 18 of 2013)

Sec. 423: Appeal to Supreme Court.- Any person aggrieved by any order of the
Appellate Tribunal may file an appeal to the Supreme Court within sixty days from
the date of receipt of the order of the Appellate Tribunal to him on any question of
law arising out of such order: Provided that the Supreme Court may, if it is satisfied
that the appellant was prevented by sufficient cause from filing the appeal within the
said period, allow it to be filed within a further period not exceeding sixty days.

Competition Act (Act No. 12 of 2003)

Sec. 11: Resignation, Removal, and Suspension of Chairperson and Other

Members.- (1) The Chairperson or any other Member may, by notice in writing under
his hand addressed to the Central Government, resign his office: Provided that the
Chairperson or a Member shall, unless he is permitted by the Central Government to
relinquish his office sooner, continue to hold office until the expiry of three months
from the date of receipt of such notice or until a person duly appointed as his
successor enters upon his office or until the expiry of his term of office, whichever is

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the earliest. (2) Notwithstanding anything contained in sub-section (1), the Central
Government may, by order, remove the Chairperson or any other Member from his
office if such Chairperson or Member, as the case may be,- (a) is, or at any time has
been adjudged as an insolvent; or (b) has engaged at any time, during his term of
office, in any paid employment; or (c) has been convicted of an offence which, in the
opinion of the Central Government, involves moral turpitude; or (d) has acquired such
financial or other interest as is likely to affect prejudicially to the public interest; or (f)
has become physically or mentally incapable of acting as a Member. (3)
Notwithstanding anything contained in sub-section (2), no Member shall be removed
from his office on the ground specified in clause (d) or clause (e) of that sub-section
unless the Supreme Court, on a reference being made to it in this behalf by the Central
Government, has, on an inquiry, held by it in accordance with such procedure as may
be prescribed in this behalf by the Supreme Court, reported that the Member, ought on
such ground or grounds to be removed.

Sec. 53T: Appeal to Supreme Court.- The Central Government or any State
Government or the Commission or any statutory authority or any local authority or
any enterprise or any person aggrieved by any decision or order of the Appellate
Tribunal may file an appeal to the Supreme Court within sixty days from the date of
communication of the decision or order of the Appellate Tribunal to them; Provided
that the Supreme court may, if it is satisfied that the applicant was prevented by
sufficient cause from filing the appeal within the said period, allow it to be filed after
the expiry of the said period of sixty days.

Consumer Protection Act (Act No. 69 of 1986)

Sec. 23: Appeal.- Any person, aggrieved by an order made by the National
Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of
section 21, may prefer an appeal against such order to the Supreme Court within a
period of thirty days from the date of the order: Provided that the Supreme Court may
entertain an appeal after the expiry of the said period of thirty days if it is satisfied that
there was sufficient cause for not filing it within that period: Provided further that no
appeal by a person who is required to pay any amount in terms of an order of the
National Commission shall be entertained by the Supreme Court unless that person
has deposited in the prescribed manner fifty per cent of that amount or rupees fifty
thousand, whichever is less.

Contempt of Courts Act (Act No. 70 of 1971)

Sec. 19: Appeals.- (1) An appeal shall lie as of right from any order or decision of
High Court in the exercise of its jurisdiction to punish for contempt— (1) An appeal
shall lie as of right from any order or decision of High Court in the exercise of its
jurisdiction to punish for contempt— (a) where the order or decision is that of a single
Judge, to a Bench of not less than two Judges of the Court; (b) where the order or
decision is that of a Bench, to the Supreme Court: Provided that where the order or

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decision is that of the Court of the Judicial Commissioner in any Union territory, such
appeal shall lie to the Supreme Court. (2) Pending any appeal, the appellate Court
may order that—(a) the execution of the punishment or order appealed against be
suspended; (b) if the appellant is in confinement, he be released on bail; and (c) the
appeal be heard notwithstanding that the appellant has not purged his contempt.
(3) Where any person aggrieved by any order against which an appeal may be filed
satisfies the High Court that he intends to prefer an appeal, the High Court may also
exercise all or any of the powers conferred by sub-section (2). (4) An appeal under
sub-section (1) shall be filed— (a) in the case of an appeal to a Bench of the High
Court, within thirty days; (b) in the case of an appeal to the Supreme Court, within
sixty days, from the date of the order appealed against.

Customs Act (Act No. 52 of 1962)

Sec. 130: Appeal to High Court.- (a) filed within one hundred and eighty days from
the date on which the order appealed against is received by the Commissioner of
Customs or the other party; (b) accompanied by a fee of two hundred rupees where
such appeal is filed by the other party; (c) in the form of a memorandum of appeal
precisely stating therein the substantial question of law involved.

Sec. 130E: Appeal to Supreme Court.- An appeal shall lie to the Supreme Court from
–(a) any judgment of the High Court delivered –(i) in an appeal made under section
130; or (ii) on a reference made under section 130 by the Appellate Tribunal before
the 1st day of July 2003; (iii) on a reference made under section 130A, in any case
which, on its own motion or on an oral application made by or on behalf of the party
aggrieved, immediately after passing of the judgment, the High Court certifies to be a
fit one for appeal to the Supreme Court; or (b) any order passed before the
establishment of the National Tax Tribunal by the Appellate Tribunal relating, among
other things, to the determination of any question having a relation to the rate of duty
of customs or to the value of goods for purposes of assessment.

Electricity Act (Act No. 36 of 2003)

Sec. 125: Appeal to Supreme Court.- Any person aggrieved by any decision or order
of the Appellate Tribunal, may, file an appeal to the Supreme Court within sixty days
from the date of communication of the decision or order of the Appellate Tribunal, to
him, on any one or more of the grounds specified in section 100 of the Code of Civil
Procedure, 1908: Provided that the Supreme Court may, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal within the said
period, allow it to be filed within a further period not exceeding sixty days.

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Income Tax Act (Act No. 43 of 1961)

Sec. 254: Orders of Appellate Tribunal.- (1) The Appellate Tribunal may, after
giving both the parties to the appeal an opportunity of being heard, pass such orders
thereon as it thinks fit. (2) The Appellate Tribunal may, at any time within four years
from the date of the order, with a view to rectifying any mistake apparent from the
record, amend any order passed by it under sub- section (1), and shall make such
amendment if the mistake is brought to its notice by the assessee or the Assessing
Officer: Provided that an amendment which has the effect of enhancing an assessment
or reducing a refund or otherwise increasing the liability of the assessee, shall not be
made under this sub- section unless the Appellate Tribunal has given notice to the
assessee of its intention to do so and has allowed the assessee a reasonable
opportunity of being heard. (3) The Appellate Tribunal shall send a copy of any orders
passed under this section to the assessee and to the Commissioner. (4) Save as
provided in section 256, orders passed by the Appellate Tribunal on appeal shall be
final.

Sec. 257: Statement of Case to Supreme Court in certain cases.- If, on an application
made against an order made under section 254 before the 1st day of October, 1998,
under section 256 the Appellate Tribunal is of the opinion that, on account of a
conflict in the decisions of High Courts in respect of any particular question of law, it
is expedient that a reference should be made direct to the Supreme Court, the
Appellate Tribunal may draw up a statement of the case and refer it through its
President direct to the Supreme Court.

Sec. 261: Appeal to Supreme Court.- An appeal shall lie to the Supreme Court from
any judgment of the High Court delivered before the establishment of the National
Tax Tribunal on a reference made under section 256 against an order issued
under section 254 before the 1st day of October, 1998 or an appeal made to High
Court in respect of an order passed under section 254 on or after that date in any case
which the High Court certifies to be a fit one for appeal to the Supreme Court.

Inter-State Water Disputes Act (Act No. 33 of 1956)

Sec. 11: Bar of Jurisdiction of Supreme Court and other Courts.- Notwithstanding
anything contained in any other law, neither the Supreme Court nor any other Court
shall have or exercise jurisdiction in respect of any water dispute which may be
referred to a Tribunal under this Act.

National Green Tribunal Act (Act No. 19 of 2010)

Sec. 22: Appeal to Supreme Court.- Any person aggrieved by any award, decision or
order of the Tribunal, may, file an appeal to Supreme Court, within ninety days from
the date of communication of the award, decision or order of the Tribunal, to him, on
any one or more of the grounds specified in Sec. 100 of the Code of Civil Procedure,

313
1908: Provided that the Supreme Court may entertain any appeal after the expiry of
ninety days, if it is satisfied that the appellant was prevented by sufficient cause from
preferring the appeal.

National Tax Tribunal Act (Act No. 49 of 2005)

Sec. 24: Appeal to Supreme Court.- Any person including any department of the
Government aggrieved by any decision or order of the National Tax Tribunal may file
an appeal to the Supreme Court within sixty days from the date of communication of
the decision or Order of the National Tax Tribunal to him: Provided that the Supreme
Court may, if it is satisfied that the appellant was prevented by sufficient cause from
filing the appeal within the said period, allow it to be filed within such time as it may
deem fit.

Pension Fund Regulatory and Development Authority Act (Act No. 23 of 2013)

Sec. 38: Appeal to Supreme Court.- Any person aggrieved by any decision or order
of the Securities Appellate Tribunal under this Act may file an appeal to the Supreme
Court within sixty days from the date of communication of the decision or order of
the Securities Appellate Tribunal to him on any question of law arising out of such
order: Provided that the Supreme Court may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within the said period, allow it to
be filed within a further period not exceeding sixty days.

Petroleum and Natural Gas Regulatory Board Act (Act No. 19 of 2006)

Sec. 37: Appeal to Supreme Court.- (1) Notwithstanding anything contained in the
Code of Civil Procedure, 1908 or in any other law, an appeal shall lie against any
order, not being an interlocutory order, of the Appellate Tribunal to the Supreme
Court on one or more of the grounds specified in section 100 of that Code. (2) No
appeal shall lie against any decision or order made by the Appellate Tribunal with the
consent of the parties. (3) Every appeal under this section shall be preferred within a
period of ninety days from the date of the decision or order appealed against:
Provided that the Supreme Court may entertain the appeal after the expiry of the said
period of ninety days, if it is satisfied that the appellant was prevented by sufficient
cause from preferring the appeal in time.

Representation of People Act (Act No. 43 of 1951)

Sec. 98: Decision of the High Court.- At the conclusion of the trial of an election
petition the High Court shall make an order— (a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the
petitioner or any other candidate to have been duly elected.

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Sec. 99: Other Orders to be made by the High Court.- (1) At the time of making an
order under section 98 he High Court shall also make an order— (a) where any charge
is made in the petition of any corrupt practice having been committed at the election,
recording— (i) finding whether any corrupt practice has or has not been proved to
have been committed at election, and the nature of that corrupt practice; and (ii) the
names of all persons, if any, who have been proved at the trial to have been guilty of
any corrupt practice and the nature of that practice; and (b) fixing the total amount of
cost payable and specifying the persons by and to whom costs shall be paid: Provided
that a person who is not a party to the petition shall not be named in the order under
sub-clause (ii) of clause (a) unless— (a) he has been given notice to appear before the
High Court and to show cause why he should not be so named; and (b) if he appears
in pursuance of the notice, he has been given an opportunity of cross-examining any
witness who has already been examined by the High Court and has given evidence
against him, of calling evidence in his defence and of being heard. In this section and
in section 100, the expression “agent” has the same meaning as in section 123.

Sec. 116A: Appeals to Supreme Court.- (1) Notwithstanding anything contained in

any other law for the time being in force, an appeal shall lie to the Supreme Court on
any question (whether of law or fact) from every order made by a High Court under
section 98 or section 99. (2) Every appeal under this Chapter shall be preferred within
a period of thirty days from the date of the order of the High Court under section 98 or
section 99: Provided that the Supreme Court may entertain an appeal after the expiry
of the said period of thirty days if it is satisfied that the appellant had sufficient cause
for not preferring the appeal within such period.

Right to Information Act (Act No. 22 of 2005)

Sec. 2(f): ‘Information’ means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars, orders,
logbooks, contracts, reports, papers, samples, models, data material held in any
electronic form and information relating to any private body which can be accessed by
a public authority under any other law for the time being in force.

Sec. 2(j): ‘right to information’ means the right to information accessible under this
Act which is held by or under the control of any public authority and includes the
right to— (i) inspection of work, documents, records; (ii) taking notes, extracts or
certified copies of documents or records; (iii) taking certified samples of material; (iv)
obtaining information in the form of diskettes, floppies, tapes, video cassettes or in
any other electronic mode or through printouts where such information is stored in a
computer or any other device;

Sec. 8: Exemption from disclosure of information.- (1) Notwithstanding anything

contained in this Act, there shall be no obligation to give any citizen,— (a)
information, disclosure of which would prejudicially affect the sovereignty and

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integrity of India, the security, strategic, scientific or economic interests of the State,
relation with foreign State or lead to incitement of an offence; (b) information which
has been expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court; (c) information, the disclosure
of which would cause a breach of privilege of Parliament or the State Legislature; (d)
information including commercial confidence, trade secrets or intellectual property,
the disclosure of which would harm the competitive position of a third party, unless
the competent authority is satisfied that larger public interest warrants the disclosure
of such information; (e) information available to a person in his fiduciary relationship,
unless the competent authority is satisfied that the larger public interest warrants the
disclosure of such information; (f) information received in confidence from foreign
Government; (g) information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or assistance given
in confidence for law enforcement or security purposes; (h) information which would
impede the process of investigation or apprehension or prosecution of offenders; (i)
cabinet papers including records of deliberations of the Council of Ministers,
Secretaries and other officers: Provided that the decisions of Council of Ministers, the
reasons thereof, and the material on the basis of which the decisions were taken shall
be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this
section shall not be disclosed; (j) information which relates to personal information
the disclosure of which has no relationship to any public activity or interest, or which
would cause unwarranted invasion of the privacy of the individual unless the Central
Public Information Officer or the State Public Information Officer or the appellate
authority, as the case may be, is satisfied that the larger public interest justifies the
disclosure of such information: Provided that the information which cannot be denied
to the Parliament or a State Legislature shall not be denied to any person. (2)
Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions
permissible in accordance with sub-section (1), a public authority may allow access to
information if public interest in disclosure outweighs the harm to the protected
interests. (3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any
information relating to any occurrence, event or matter which has taken place,
occurred or happened twenty years before the date on which any request is made
under section 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of
twenty years has to be computed, the decision of the Central Government shall be
final, subject to the usual appeals provided for in this Act.

Sec. 14: Removal of Chief Information Commissioner or Information

Commissioner.- (1) Subject to the provisions of sub-section (3), the Chief
Information Commissioner or any Information Commissioner shall be removed from
his office only by order of the President on the ground of proved misbehaviour or
incapacity after the Supreme Court, on a reference made to it by the President, has, on
inquiry, reported that the Chief Information Commissioner or any Information
Commissioner, as the case may be, ought on such ground be removed. (2) The
President may suspend from office, and if deem necessary prohibit also from
attending the office during inquiry, the Chief Information Commissioner or
Information Commissioner in respect of whom a reference has been made to the
Supreme Court under sub-section (1) until the President has passed orders on receipt
of the report of the Supreme Court on such reference. (3) Notwithstanding anything

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contained in sub-section (1), the President may by order remove from office the Chief
Information Commissioner or any Information Commissioner if the Chief Information
Commissioner or a Information Commissioner, as the case may be,— (a) is adjudged
an insolvent; or (b) has been convicted of an offence which, in the opinion of the
President, involves moral turpitude; or (c) engages during his term of office in any
paid employment outside the duties of his office; or (d) is, in the opinion of the
President, unfit to continue in office by reason of infirmity of mind or body; or (e) has
acquired such financial or other interest as is likely to affect prejudicially his functions
as the Chief Information Commissioner or a Information Commissioner. (4) If the
Chief Information Commissioner or a Information Commissioner in any way,
concerned or interested in any contract or agreement made by or on behalf of the
Government of India or participates in any way in the profit thereof or in any benefit
or emolument arising therefrom otherwise than as a member and in common with the
other members of an incorporated company, he shall, for the purposes of sub-section
(1), be deemed to be guilty of misbehaviour.

Sec. 17: Removal of State Chief Information Commissioner or State Information

Commissioner.- (1) Subject to the provisions of sub-section (3), the State Chief
Information Commissioner or a State Information Commissioner shall be removed
from his office only by order of the Governor on the ground of proved misbehaviour
or incapacity after the Supreme Court, on a reference made to it by the Governor, has
on inquiry, reported that the State Chief Information Commissioner or a State
Information Commissioner, as the case may be, ought on such ground be removed. (2)
The Governor may suspend from office, and if deem necessary prohibit also from
attending the office during inquiry, the State Chief Information Commissioner or a
State Information Commissioner in respect of whom a reference has been made to the
Supreme Court under sub-section (1) until the Governor has passed orders on receipt
of the report of the Supreme Court on such reference. (3) Notwithstanding anything
contained in sub-section (1), the Governor may by order remove from office the State
Chief Information Commissioner or a State Information Commissioner if a State
Chief Information Commissioner or a State Information Commissioner, as the case
may be,— (a) is adjudged an insolvent; or (b) has been convicted of an offence which,
in the opinion of the Governor, involves moral turpitude; or (c) engages during his
term of office in any paid employment outside the duties of his office; or (d) is, in the
opinion of the Governor, unfit to continue in office by reason of infirmity of mind or
body; or (e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the State Chief Information Commissioner or a State
Information Commissioner. (4) If the State Chief Information Commissioner or a
State Information Commissioner in any way, concerned or interested in any contract
or agreement made by or on behalf of the Government of the State or participates in
any way in the profit thereof or in any benefit or emoluments arising therefrom
otherwise than as a member and in common with the other members of an
incorporated company, he shall, for the purposes of sub-section (1), be deemed to be
guilty of misbehaviour.

Securities and Exchange Board of India Act, 1992 (Act No. 15 of 1992)

Sec. 15: Appeal to Supreme Court.- Any person aggrieved by any decision or order
of the Securities Appellate Tribunal may file an appeal to the Supreme Court within

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sixty days from the date of communication of the decision or order of the Securities
Appellate Tribunal to him on any question of law arising out of such order: Provided
that the Supreme Court may, if it is satisfied that the applicant was prevented by
sufficient cause from filing the appeal within the said period, allow it to be filed
within a further period not exceeding sixty days.

Special Court (Trial of offences relating to Transactions in Securities) Act (Act

No. 27 of 1992)

Sec.10: Appeal.- (1) Notwithstanding anything in the Code or the Code of Civil
Procedure, 1908 or the Arbitration Act 1940, an appeal shall lie from any judgment,
decree, sentence or order, not being interlocutory order, of the Special Court to the
Supreme both on facts and on law. (2) Except as aforesaid, no appeal or revision shall
lie to any court from any judgment [decree], sentence or order of the Special Court.
(3) Every appeal under this section shall be preferred within a period of thirty days
from the date of any judgment, sentence or order of the Special Court: Provided that
the Supreme Court may entertain an appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant had sufficient cause for not preferring the
appeal within the Period of thirty days.

Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act (Act No.

28 of 1970)

Sec. 2: Enlarged appellate jurisdiction of Supreme Court regarding criminal

matters.- Without prejudice to the powers conferred on the Supreme Court by clause
(1) of article 134 of the Constitution, an appeal shall lie to the Supreme Court from
any judgment, final order of sentence in a criminal proceeding of a High Court in the
territory of India if the High Court- (a) has on appeal reversed an order of acquittal of
an accused person and sentenced him to imprisonment for life or to imprisonment for
a period of not less than ten years ; (b) has withdrawn for trial before itself any case
from any Court subordinate to its authority and has in such trial convicted the accused
person and sentenced him to imprisonment for life or to imprisonment for a period of
not less than ten years.

Telecom Regulatory Authority of India Act (Act No. 24 1997)

Sec. 18: Appeal to Supreme Court.- (1) Notwithstanding anything contained in the
Code of Civil Procedure, 1908 or any other law, an appeal shall lie against any order,
not being an interlocutory order, of the Appellate Tribunal to the Supreme Court on
one or more of the grounds specified in section 100 of that Code. (2) No appeal shall
lie against any decision or order made by the Appellate Tribunal with the consent of
the parties. (3) Every appeal under this section shall be preferred within a period of
ninety days from the date of the decision or order appealed against: Provided that the
Supreme Court may entertain the appeal after the expiry of the said period of ninety
days, if it is satisfied that the appellant was prevented by sufficient cause from
preferring the appeal in time.

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Terrorists and Disruptive Activities (Prevention) Act (Act No. 28 of 1987)

Sec. 19: Appeal.- (1) Notwithstanding anything contained in the Code, an appeal shall
lie its a matter of right from any judgment, sentence or order, not being an
interlocutory order, of a designated Court to the Supreme Court both on facts and on
law. (2) Except as aforesaid, do appeal or revision shall lie to any court from any
judgment, sentence or order including an interlocutory order of a designated Court.
(3) Every appeal under this section shall be preferred within a period of thirty days
from the date of the judgment; sentence or order appealed from: Provided that the
Supreme Court may entertain any appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant had sufficient cause for not preferring the
appeal within the period of thirty days.

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 ANNEXURE D
RULES AND REGULATIONS
Supreme Court Rules, 1966

Order VII Rule 1: Constitution of Division Courts and Powers of a Single Judge.-
Subject to other provisions of these rules, every cause or appeal or matter shall be
heard by a Bench consisting of not less than two Judges nominated by the Chief
Justice: Provided, however, that the following categories of matters may be heard and
disposed of finally by a Judge sitting singly nominated by the Chief Justice: (1)
Special Leave Petitions arising out of the decisions or orders of a single Judge of a
High Court or of a member of a Tribunal sitting singly; (2) Bail applications; (3)
Applications for substitution other than those falling under Rule 1(15) of Order VI;
(4) Summons for non-prosecution; (5) Application for exemption from paying Court-
fees; (6) Applications for extension of time for paying Court-fees or for furnishing
undertaking, bank guarantee or security; (7) Applications for disposal of an appeal in
terms of a compromise petition; (8) Applications for withdrawal of special leave
petitions, appeals or with petitions.

Supreme Court Rules, 2013

Order VI Rule 1: Constitution of Division Courts and Powers of a Single Judge.-

1. Subject to the other provisions of these rules every cause, appeal or matter shall be
heard by a Bench consisting of not less than two judges nominated by the Chief
Justice. 2. Where in the course of the hearing of any cause, appeal or other
proceeding, the Bench considers that the matter should be dealt with by a larger
Bench, it shall refer the matter to the Chief Justice, who shall thereupon constitutes
such a Bench for the hearing of it. 3. Every cause, appeal or other proceedings arising
out of a case in which death sentence has been confirmed or awarded by the High
Court shall be heard by a Bench consisting of not less than three judges. 4. If a Bench
of less than three Judges, hearing a cause, appeal or matter, is of the opinion that the
accused should be sentenced to death it shall refer the matter to the Chief Justice who
shall thereupon constitute a Bench of not less than three Judges for hearing it. 5. The
Chief Justice may from time to time appoint a Judge to hear and dispose of all
applications which may be heard by a Judge in Chambers under these rules. 6. During
the vacation, the Vacation Judge sitting singly may, in addition to exercising all the
powers of a Judge in Chambers under these rules, exercise the powers of the Court in
relation to the following matters, namely: (1) Application for special leave to appeal
in urgent cases where interim relief is prayed for subject to the condition that the
Vacation Judge shall not decide such a petition if it raises substantial question of law
as to the interpretation of the Constitution. (2) Applications for stay of execution of a
decree or order or stay of proceedings in civil matters. (3) Applications for transfer of

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cases under section 406 of the Code of Criminal Procedure, 1973 (2 of 1974). (4)
Applications for stay of proceedings in criminal matters. (5) Applications under
article 32 of the Constitution of an urgent nature which do not involve a substantial
question of law as to the interpretation of the Constitution. (6) Issue of a rule nisi in
urgent applications under article 32 of the Constitution which involve a substantial
question of law as to the interpretation of the Constitution. (7) Applications of an
urgent nature for transfer of cases under section 25 of the Code of Civil Procedure,
1908 (5 of 1908). (8) Issue of notice in applications of an urgent nature under Article
139A(1) of the Constitution; and (9) Applications of an urgent nature for transfer of
cases under Article 139A(2) of the Constitution.

Order XXXVIII: Applications for enforcement of Fundamental Rights (Article 32

of the Constitution)._ (1) Every petition under article 32 of the Constitution shall be
in writing and shall be heard by a Division Court of not less than five Judges provided
that a petition which does not raise a substantial question of law as to the
interpretation of the Constitution may be heard and decided by a Division Court of
less than five Judges, and, during vacation, by the Vacation Judge sitting singly. (2)
All interlocutory and miscellaneous applications connected with a petition under
article 32 of the Constitution, may be heard and decided by a Division Court of less
than five Judges, and, during vacation, by the Vacation Judge sitting singly,
notwithstanding that in the petition a substantial question of law as to the
interpretation of the Constitution is raised.

Order XLIII: Reference made by the President under Art. 317(1) of the
Constitution or any Statute, or by Government under any Statute.- (1) On receipt by
the Registrar of reference from the President under Art. 317(1) of the Constitution or
any Statute or from Governor under any statute, referring to the Court, grounds for
inquiry, it shall be registered in the Registrar maintained for the purpose and
numbered as ‘Reference No..... of 20.... under..... [Article 317(1) of the
Constitution/Section and Name of the Act under which the reference is made]. (2) As
soon as the reference is registered and numbered, the Registrar shall give notice to the
person sought to be removed from the concerned office and to the Attorney-General
for India, or the Advocate-General of the particular State or to such person as the
statute under which the reference is made, so provides, to appear before the Court on a
day specified in the notice to take the directions of the Court in the matter of the
inquiry. A copy of the charges preferred against him along with the documents relied
upon, shall be furnished to the respondent along with the notice. (3) The Court may
devise its own procedure for the hearing of the reference. (4) The Court may summon
such witnesses as it considers necessary. (5) After the hearing of the reference, the
Registrar shall transmit to the President or the Governor as the case may be, the
Report of the Court. (6) No Court-fees or process fees shall be payable in connection
with any reference dealt with by the Court under this Order.

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Order XLVII: Review.- (1) The Court may review its judgment or order, but no
application for review will be entertained in a civil proceeding except on the ground
mentioned in Order XLVII, rule 1 of the Code, and in a criminal proceeding except on
the ground of an error apparent on the face of the record. The application for review
shall be accompanied by a certificate of the Advocate on Record certifying that it is
the first application for review and is based on the grounds admissible under the
Rules. (2) An application for review shall be by a petition, and shall be filed within
thirty days from the date of the judgment or order sought to be reviewed. It shall set
out clearly the grounds for review. (3) Unless otherwise ordered by the Court an
application for review shall be disposed of by circulation without any oral arguments,
but the petitioner may supplement his petition by additional written arguments. The
Court may either dismiss the petition or direct notice to the opposite party. An
application for review shall as far as practicable be circulated to the same Judge or
Bench of Judges that delivered the judgment or order sought to be reviewed. (4)
Where on an application for review the Court reverses or modifies its former decision
in the case on the ground of mistake of law or fact, the Court, may, if it thinks fit in
the interests of justice to do so, direct the refund to the petitioner of the court-fee paid
on the application in whole or in part, as it may think fit. (5) Where an application for
review of any judgment and order has been made and disposed of, no further
application for review shall be entertained in the same matter.

Order XLVIII: Curative Petition.- (1) The curative petition shall be governed by the
judgment of the Court dated 10th April, 2002 delivered in the case of Rupa Ashok
Hurrah v. Ashok Hurrah and Others in Writ Petition (C) No. 509 of 1997; (1) The
Petitioner in the curative petition shall aver specifically that the grounds mentioned
therein had been taken in the Review Petition and that it was dismissed by circulation.
(2) A curative petition shall be accompanied by a certificate of the Senior Advocate
that the petition meets the requirements delineated in the above case. (3) A curative
petition shall be accompanied by a certificate of the Advocate on Record to the effect
that it is the first curative petition in the impugned matter; (3) The Curative Petition
shall be filed within reasonable time from the date of judgment or Order passed in the
Review Petition. [4(1) The curative petition shall be first circulated to a Bench of the
three senior-most Judges and the Judges who passed the judgment complained of, if
available. (2) Unless otherwise ordered by the Court, a curative petition shall be
disposed of by circulation without any oral arguments but the petitioner may
supplement his petition by additional written arguments. (3) If the Bench before
which a curative petition was circulated concludes by a majority that the matter needs
hearing then it shall be listed before the same Bench, as far as possible. (4) If the
Court, at any stage, comes to the conclusion that the petition is without any merit and
vexatious, it may impose exemplary costs on the petitioner].

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High Court of Madras Appellate Side Rules, 1965

Order XII Rules [1] & [2]: Nothing in these rules shall entitle a person to a copy of
(1) Judges’ notes or minutes, (2) correspondence not strictly judicial, and (3)
confidential correspondence. [2] Any party to a proceeding shall be entitled to obtain
copies of judgments, decrees or orders made or of any documents filed or exhibited in
such proceeding on payment of charges in the manner prescribed under these rules.
Further, the proviso to Rule 4 of Order XII provides ‘in cases where issuance of
certified copies to the third parties is restricted by any judicial order to maintain
secrecy and privacy, and the Registrar shall refuse the application.’

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 ANNEXURE E
CONSTITUTIONS OF THE WORLD
CONSTITUTION OF THE UNITED STATES

Article III, §1: “[t]he judicial power of the United States, shall be vested in one
Supreme Court, and in such inferior Courts as the Congress may from time to time
ordain and establish.” The Supreme Court’s jurisdiction includes: [A]ll Cases, in Law
and Equity, arising under this Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their Authority;-to all Cases affecting
Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and
maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to
Controversies between two or more States;-between a State and Citizens of another
State;-between Citizens of different States;-between Citizens of the same State
claiming Lands under Grants of different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.

Article III, §2, cl.2: In all other cases before mentioned, the Supreme Court shall
have appellate jurisdiction, but as to law and fact with such exceptions and under such
regulations, as the Congress shall make.

Article VI, § 2: This Constitution, and the Laws of the United States which shall be
made in pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any Thing in the Constitution or Laws of any
State to the contrary notwithstanding.

CONSTITUTION OF AUSTRALIA

Article 71: Judicial power and Courts.- The judicial power of the Commonwealth
shall be vested in a Federal Supreme Court, to be called the High Court of Australia,
and in such other federal courts as the Parliament creates, and in such other courts as
it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and
so many other Justices, not less than two, as the Parliament prescribes.

Article 75: Original Jurisdiction of High Court.- In all matters (i) Arising under any
treaty; (ii) Affecting consuls or other representatives of other countries; (iii) In which
the Commonwealth, or a person suing or being sued on behalf of the Commonwealth
is a party; (iv) Between States, or between residents of different States, or between a
State and a resident of another State; (v) In which a writ of mandamus or prohibition
or an injunction is sought against an officer of the Commonwealth.

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CONSTITUTION OF ITALY

Article 127: The Government may submit the constitutional legitimacy of a regional
law to the Constitutional Court within sixty days from its publication, when it deems
that the regional law exceeds the competence of the Region. A Region may submit the
constitutional legitimacy of a State or regional law or measure having the force of law
to the Constitutional Court within sixty days from its publication, when it deems that
said law or measure infringes upon its competence.

Article 134: The Constitutional Court shall pass judgement on: controversies on the
constitutional legitimacy of laws and enactments having the force of law issued by the
State and the Regions; conflicts arising from allocation of powers of the State and
those powers allocated to State and Regions, and between Regions; accusations made
against the President of the Republic, according to the provisions of the Constitution.

CONSTITUTION OF FRANCE

Article 57: The office of member of the Constitutional Council shall be incompatible
with that of Minister or Member of the Houses of Parliament. Other incompatibilities
shall be determined by an Institutional Act.

Article 58: The Constitutional Council shall ensure the proper conduct of the election
of the President of the Republic. It shall examine complaints and shall proclaim the
results of the vote.

Article 59: The Constitutional Council shall rule on the proper conduct of the election
of Members of the National Assembly and Senators in disputed cases.

Article 60: The Constitutional Council shall ensure the proper conduct of referendum
proceedings as provided for in articles 11 and 89 and in Title XV and shall proclaim
the results of the referendum.

CONSTITUTION OF COLOMBIA

Article 239: The Constitutional Court will be composed of an uneven number of

members determined by law. The makeup of the Court will take into account the need
to select judges belonging to various specialties of the law. The judges of the
Constitutional Court will be elected by the Senate of the Republic for single terms of
eight (8) years from lists presented to it by the President of the Republic, the Supreme
Court of Justice, and the Council of State. The judges of the Constitutional Court are
not eligible for reelection.

Article 241: The safeguarding of the integrity and supremacy of the Constitution is
entrusted to the Constitutional Court in the strict and precise terms of this article. For

325