Article 134 of the Costitution of India with Case law
🔷 Article 134 of the Constitution of India – Appellate Jurisdiction of the Supreme Court in Criminal Matters
🔹 Text of Article 134:
134(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(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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:
134(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.
🔹 Explanation:
Article 134 provides limited appellate jurisdiction to the Supreme Court in criminal cases from High Courts, under three conditions:
Automatic Right to Appeal (Clause 1):
(a) If High Court reverses an acquittal and gives death sentence
(b) If High Court takes up a case for trial and sentences the accused to death
(c) If High Court certifies (under Article 134A) that the case is fit for appeal
Legislative Extension (Clause 2):
Parliament can expand this jurisdiction by law. One such law is:
The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
🔹 Key Case Laws on Article 134:
✅ State of Bihar v. Madan Mohan Singh (1959 AIR 1259, 1960 SCR (1) 599)
Facts: Dealt with whether an order passed by a High Court fell within the scope of Article 134.
Held: Not every order is appealable; the order must fit strictly within the conditions of Article 134(1).
✅ K. M. Nanavati v. State of Maharashtra (1962 AIR 605, 1962 SCR Supl. (1) 567)
Facts: Famous case involving a naval officer accused of murder.
Relevance: Though decided under Article 136, the case raised issues about High Court’s power in reversing acquittals—a key trigger for Article 134(1)(a).
✅ Subramanian Swamy v. Union of India (2016) 7 SCC 221
Context: Though not directly on Article 134, it referenced criminal appellate procedures and scope of review by the Supreme Court.
Relevance: Reiterated the importance of High Court certification under 134(1)(c) and limited nature of appeals.
✅ State of UP v. Rajesh Gautam (2003) 5 SCC 631
Held: Article 134(1)(a) is automatically applicable when a death sentence is imposed after reversal of acquittal; no need for a certificate.
🔹 Certification under Article 134(1)(c) and Article 134A:
High Court must certify that the case involves substantial questions of law or matters of great public importance.
This certificate is not a right but based on the judicial discretion of the High Court.
🔹 Distinction: Article 134 vs. Article 136
| Feature | Article 134 | Article 136 |
|---|---|---|
| Type | Specific appeal in criminal cases | Special Leave Petition (SLP) – discretionary |
| Scope | Limited | Broad (criminal & civil) |
| Right to appeal | Conditional | No right – only leave granted |
🔹 Summary Table:
| Clause | Condition for Appeal to SC | Example |
|---|---|---|
| 134(1)(a) | Acquittal reversed + death sentence | Conviction overturned in High Court and death imposed |
| 134(1)(b) | High Court tried the case and sentenced to death | High Court took over trial directly |
| 134(1)(c) | High Court certifies case fit for SC | High Court sees legal/public importance |
| 134(2) | Parliament may expand SC powers | Done via 1970 Act |
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