Article 134 and Article 134A of the Constitution of India
Article 134 deals with the appellate jurisdiction of the Supreme Court in criminal matters. Article 134A lays down the mechanism by which a High Court considers whether to grant a constitutional certificate for an appeal to the Supreme Court.
Article 134: Appellate jurisdiction of Supreme Court in criminal matters
Meaning. Article 134 is a constitutional provision governing specified criminal appeals from judgments, final orders or sentences of High Courts. Clause (1) identifies cases in which an appeal lies to the Supreme Court, while clause (2) authorises Parliament to confer further criminal appellate powers on the Supreme Court by law.
Text of Article 134
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(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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 article 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.
When does Article 134 apply?
Article 134(1)(a) concerns a High Court reversing an acquittal on appeal and imposing a death sentence. Article 134(1)(b) concerns a High Court withdrawing a subordinate court case for trial before itself, convicting the accused and imposing a death sentence. Article 134(1)(c) provides a certificate route where the High Court certifies under Article 134A that the case is fit for appeal to the Supreme Court.
Article 134A: Certificate for appeal to the Supreme Court
Meaning. Article 134A specifies how the High Court is to consider a certificate connected with Articles 132, 133 or 134. The High Court may consider certification on its own motion. If the aggrieved party makes an oral application immediately after the relevant judgment, decree, final order or sentence, the High Court must determine the certificate question as soon as may be.
Text of Article 134A
134A. Certificate for appeal to the Supreme Court.
Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134 -
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence,
determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
Article 134(2) permits Parliament to enlarge the Supreme Court's criminal appellate jurisdiction. Parliament exercised that power through the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. Section 2 extends the appeal route in specified cases beyond the death-sentence situations stated in Article 134(1)(a) and (b), including specified cases where the High Court imposes imprisonment for life or imprisonment for a term of not less than ten years.
This statutory enlargement is important when reading Article 134 in practice because the constitutional text and the later Parliamentary enactment operate together in defining regular criminal appellate jurisdiction.
Article 134, Article 134A and Article 136: key distinction
| Provision | Function |
|---|---|
| Article 134 | Provides constitutional appellate jurisdiction in specified criminal matters and permits Parliament to confer further appellate powers. |
| Article 134A | Provides the High Court procedure for considering a certificate for appeal under Articles 132, 133 and 134. |
| Article 136 | Separately gives the Supreme Court discretionary power to grant special leave to appeal, subject to the constitutional text and limitations. |
A certificate appeal under Article 134 and a petition seeking special leave under Article 136 are therefore distinct constitutional routes. The applicable route depends on the judgment or order, the nature of the proceeding and the governing constitutional or statutory requirements.
Official legal resources
For the current constitutional text, court rules and procedural information, consult the official sources below. Court rules and filing requirements should be checked in their latest amended form before filing.
This page provides general legal information on the constitutional provisions. Filing requirements, limitation and maintainability depend on the facts and the applicable law and rules.