QUESTIONS OF LAW, SUBSTANTIAL QUESTIONS OF LAW, SUBSTANTIAL QUESTIONS OF LAW OF GENERAL IMPORTANCE AND SUBSTANTIAL QUESTIONS OF LAW AS TO INTERPRETATION OF THE CONSTITUTION

QUESTIONS OF LAW

Question of law are such questions which require interpretation or application of law in determination of case.

SUBSTANTIAL QUESTIONS OF LAW

Substantial questions of are such questions which substantially affects the rights of the parties, involves legal complexities and have not been authoritatively pronounced by High Courts or the Supreme Court.

The Supreme Court in Sir Chunnilal V. Mehta and Sons Vs. The Century Spinning and Manufacturing  1962 AIR 1314  held that the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly or substantially affects the rights of the parties and if so whether it is an open question in the sense that it is not finally settled by this court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest court or the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law.

Second appeal under Section 100 of Code of Civil Procedure, 1909 is only maintainable if it involves substantial questions of law.

SUBSTANTIAL QUESTIONS OF LAW OF GENERAL IMPORTANCE

Substantial questions of law of general importance goes beyond questions of laws involved between the parties. It must involve substantial questions of law which affects large number of persons or large number of cases pending before the Court.

Under Article 133 appeals before the Supreme Court in civil proceedings are only maintainable if it involves substantial questions of law of general importance.  Similarly, under Transfer Petitions under Article 139A are only maintainable before the Supreme Court, if it raises substantial questions of law of general importance.

SUBSTANTIAL QUESTIONS OF LAW AS TO INTERPRETATION OF THE CONSTITUTION

Substantial questions of law as to interpretation of the Constitution are such questions which involve interpretation of constitution and which have not been settled by the Court. Appeal under Article 132 in civil, criminal and other proceedings are only maintainable if it raises substantial questions of law as to interpretation of the Indian Constitution. An appeal involving substantial questions of law as to interpretation of constitution can only be heard by a division bench consisting of five judges.

__________________________________