Code
CPC1[(1) Nothing contained in this Code shall be deemed—(a) to affect the powers of the Supreme Court under article 136 or any other provision of the
Constitution; or(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the
presentation of appeals to that Court, or their conduct before that Court.](2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty
jurisdiction or to appeals from orders and decrees of Prize Courts.
Code
112. Savings.—
(1) Nothing contained in this Code shall be deemed—
(a) to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution; or
(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the presentation of appeals to that Court, or their conduct before that Court.
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction or to appeals from orders and decrees of Prize Courts.
Explanation of Section 112 CPC
Section 112 of the Code of Civil Procedure, 1908 is a saving provision that protects certain constitutional powers and special jurisdictions from the operation of the CPC. The section clarifies that the provisions of the Code cannot override the authority of the Supreme Court or interfere with specific areas of jurisdiction.
Protection of Supreme Court Powers
Sub-section (1)(a) states that nothing in the CPC affects the powers of the Supreme Court under Article 136 of the Constitution or under any other constitutional provision.
Article 136 grants the Supreme Court special leave jurisdiction. The Court may hear appeals against judgments, decrees, orders, or decisions of various courts and tribunals. Section 112 ensures that the CPC cannot restrict these constitutional powers.
Supreme Court Rules Remain Effective
Sub-section (1)(b) protects the rules framed by the Supreme Court regarding the filing, presentation, and conduct of appeals.
Therefore, when proceedings reach the Supreme Court, the Supreme Court Rules prevail over the procedural provisions of the CPC wherever applicable.
Matters Excluded From the CPC
Sub-section (2) states that the Code does not apply to:
- Criminal jurisdiction.
- Admiralty jurisdiction.
- Vice-admiralty jurisdiction.
- Appeals arising from Prize Courts.
These areas operate under separate laws and procedures.
Importance of Section 112 CPC
Section 112 CPC maintains the supremacy of the Constitution and preserves the independent powers of the Supreme Court. It also prevents conflicts between the CPC and special jurisdictions governed by separate legal frameworks.
The provision ensures that the Code of Civil Procedure remains limited to civil matters while respecting constitutional and specialized jurisdictions.
Illustration
Illustration 1
A party files a Special Leave Petition before the Supreme Court under Article 136 of the Constitution.
The provisions of the CPC cannot restrict the Supreme Court’s constitutional powers while deciding the matter.
Illustration 2
The Supreme Court prescribes specific rules for filing an appeal.
Those rules will govern the procedure even if the CPC contains different procedural provisions.
Illustration 3
A criminal appeal is filed before a competent court.
The provisions of the Code of Civil Procedure do not apply because criminal proceedings are governed by criminal procedural laws.
Common Questions and Answers
1. What is the purpose of Section 112 CPC?
Answer:
Section 112 CPC protects the constitutional powers of the Supreme Court and excludes certain jurisdictions from the operation of the Code.
2. Does the CPC affect the powers of the Supreme Court under Article 136?
Answer:
No. Section 112 specifically states that the powers of the Supreme Court under Article 136 remain unaffected.
3. Does the CPC apply to criminal matters?
Answer:
No. Criminal matters fall outside the scope of the Code of Civil Procedure.
4. Which jurisdictions are excluded under Section 112 CPC?
Answer:
Criminal jurisdiction, admiralty jurisdiction, vice-admiralty jurisdiction, and appeals from Prize Courts are excluded.
Conclusion
Section 112 CPC serves as an important saving provision within the Code of Civil Procedure. It preserves the constitutional authority of the Supreme Court, protects the Supreme Court Rules, and excludes certain specialized jurisdictions from the operation of the CPC. By maintaining these boundaries, Section 112 ensures harmony between the Code, the Constitution, and other specialized legal systems.
