Dear Members!
Kindly do let me know the meaning of substantial question of law with support of any case law.
- The term substantial question of law has not been defined in any statute/act. However various judicial pronouncements have settled the definition to be a question important for general public or affecting rights of the parties.The word substantial is real, essential, having substance, of sound worth and is considerable.
- However, it is clear that the Legislature has chosen not to qualify the scope of substantial question of law by suffixing the word of general importance as done in Section 100, 109 CPC or Article 133(1)(a) of the Constitution.
- In Santosh Hazari v Purshottam Tiwari (2001) 3 SCC 179 the Supreme Court observed that " A point of law which admits no two options may be proposition of law but cannot be substantial question of law. To be 'substantial' must be debatable, not previously settled by law of land or a binding precedent, and must have a material bearing on the decision of the court.
- It depends upon facts and circumstances of the case, whether a question is substantial question of law.
- The test whether a question is substantial question of law:
- Whether question arose is general public importance?
- Whether if directly and substantially affects the rights of the parties?
- Whether the question has been finally settled by the Apex Court?
- Even if the question has been settled by the Apex Court, is it free from any difficulty or is there a need for discussion of alternative views?
