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Extraordinary Gazette of India · Government of India

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Published 22 February 1973

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E-1310-1973-0003-57971
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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART 11—Section 1

PUBLISHED BY AUTHORITY

Mo. 3| NEW DELHI, THURSDAY, FEBRUARY22, 1973/PHALGUNA 3, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW JUSTICE AND COMPANY AFFAIRS

(Legislative Department) New Delhi, the 22nd February, 1973/Phalguna 3, 1894 (Sdka)

The following Act of Parliament received the assent of the President on the 22nd February, 1973, and is hereby published for general information: —

THE CONSTITUTION (THIRTIETH AMENDMENT) ACT, 1972

[22nd February, 1973.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows: —

1. (1) This Act may be called the Constitution (Thirtieth Amend- ment) Act, 1972.

(2) It shall come into force on such date as the Central Government

Short

title

and com

mence-

ment.

may, by notification in the Official Gazette, appoint.

2. In article 133 of the Constitution, for clause (1), the following clause shall be substituted, namely: —

Amend-

ment of

article

183.

"(1) An appeal shall lie to the Supreme Court from any judg- ment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies—

(a) that the case involves a substantial question of law ofgeneral importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.". (47)

48 THE GAZETTE OF INDIA EXTRAORDINARY [PACT II—SlC. 1J

3. (I) Nothing in this Act shall affeci--

(a) any appeal under sub-clause (a) or sub-clause (b) or sub- Special provision as to pending proceed- ings, etc.

clause (c) of clause (1) of article 133 of the Constitution which immediately before the commencement of this Act wiw pending before the Supreme Court; or

(b) my appeal preferred on or after the "WMW"icement of this Act against any judgment, decree or final order in a civil proceeding of a High Court by virtue of a certificate given by the High Court before the commencement of this Act under sub-clause (a) or BUD- dause (b) or sub-clause (c) of clause (1) of article 133;

and every such appeal may be heard and disposed of or, as the case may be, entertained, heard and disposed of by the Supreme Court as if this Act had not been passed.

(2) Subject to the provisions of sub-section (1), no appeal shall lie to the Supreme Court under clause (1) of article 133 of the Constitution from any judgment, decree or final order arising out of a suit or other civil proceeding which was instituted or commenced in any court before the commencement of this Act unless such appeal satisfies the provisions of that clause as amended by this Act.

K. K. SUNDARAM, Stey. to the Govt, of India.

PRINTED BY THE MANAOER, GOVERNMENT OF INDIA PRESS, MINTO HOAD, NEW DWtm AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1Q73
Cite this issue. Extraordinary Gazette of India, Government of India, 22 February 1973. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1973-02-22.E-1310-1973-0003-57971/. Archive identifier in.gazette.csl_extraordinary.1973-02-22.E-1310-1973-0003-57971.