Article 134 in Constitution of India

Loading case document...

Please wait

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(b)has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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and limitations as may be specified in such law.[Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

Article 134 in Constitution of India

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(b)has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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:

AI Summary

Since you have only provided the Article number and the Court (which is not a court), I will provide a general explanation of Article 134 of the Indian Constitution. This is not a case summary, but rather an explanation of the Article itself.

Short Summary

Article 134 of the Indian Constitution deals with the appellate jurisdiction of the Supreme Court in regard to criminal matters. It allows appeals to the Supreme Court from a judgment, final order, or sentence in a criminal proceeding of a High Court if the High Court (a) has reversed an order of acquittal of an accused person and convicted him 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 that the case is a fit one for appeal to the Supreme Court.

Facts

Article 134 is a constitutional provision, not a case with specific facts. It defines the circumstances under which a criminal appeal can be made to the Supreme Court from a High Court decision. The "facts" in the context of applying this article would be the specific details of a criminal case decided by a High Court.

Issues

The primary issue addressed by Article 134 is determining the scope and limitations of the Supreme Court's appellate jurisdiction in criminal cases originating in the High Courts. Key issues include:

Under what circumstances can a High Court's decision in a criminal matter be appealed to the Supreme Court?
What constitutes a "fit case" for appeal under Article 134(1)(c)?
How does Article 134 interact with other provisions of the Constitution and criminal procedure laws?

Petitioner's Arguments

In a hypothetical case invoking Article 134, the petitioner (the appellant) would argue that the High Court's decision warrants Supreme Court review based on one of the three clauses:

That the High Court wrongly reversed an acquittal and imposed a death sentence.
That the High Court wrongly withdrew a case and imposed a death sentence.
That the case involves a substantial question of law of general importance that needs to be decided by the Supreme Court, and the High Court's certificate is valid.

Respondent's Arguments

The respondent (the party defending the High Court's decision) would argue that the High Court's decision was correct and that none of the conditions for appeal under Article 134 are met. They might argue:

That the High Court correctly reversed the acquittal based on compelling evidence.
That the High Court's withdrawal of the case was justified.
That the case does not involve a substantial question of law of general importance, or that the High Court's certificate was wrongly issued.

Court's Reasoning

The Supreme Court, when interpreting Article 134, considers the following:

The specific wording of the article and its intended purpose.
Precedent set by previous Supreme Court decisions interpreting the article.
The need to balance the rights of the accused with the interests of justice.
Whether the High Court's decision involved an error of law or a grave miscarriage of justice.

Conclusion

Article 134 defines the Supreme Court's appellate jurisdiction in criminal matters. The Supreme Court will either allow or dismiss the appeal based on whether the conditions outlined in Article 134 are met and whether the High Court's decision was legally sound. If the appeal is allowed, the Supreme Court may reverse, modify, or affirm the High Court's decision.