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Article 134 of the Indian Constitution: Appellate jurisdiction of Supreme Court in regard to criminal matters

Part: V
Shorthand Notes: SC appeal crim cases from HC: a) HC reverses acquittal -> Death, b) HC tries & sentences Death, c) HC certifies fit. Parliament can add more.

Article 134 of the Indian Constitution delineates the specific circumstances under which an appeal lies to the Supreme Court from a High Court in criminal proceedings. This article is a crucial component of the appellate jurisdiction of the Supreme Court, focusing exclusively on criminal matters and providing a mechanism for review of High Court judgments, orders, or sentences under certain defined conditions. It ensures that certain grave criminal cases, particularly those involving capital punishment or certified as complex, can be reviewed by the apex court.

This article establishes the right to appeal in criminal cases based on the nature of the High Court’s decision and the sentence awarded, or based on a certification by the High Court itself. It forms a part of the larger framework of the Supreme Court’s jurisdiction, complementing its original, writ, and other appellate powers, and is particularly significant in safeguarding the rights of the accused in serious criminal trials.

Original Text

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Court— (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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 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.

Detailed Explanation

Article 134 specifies the appellate jurisdiction of the Supreme Court in criminal proceedings originating from the High Courts. It outlines the conditions under which an appeal shall lie to the Supreme Court, meaning the right to appeal is available to the aggrieved party if these conditions are met.

Clause (1) lays down three specific conditions for such an appeal:

  • Clause (1)(a): This condition applies when a High Court, exercising its appellate jurisdiction over a lower court’s decision, reverses an order of acquittal and, as a result, imposes a death sentence on the accused. Both elements are crucial: the High Court must reverse an acquittal and sentence the person to death. If the High Court upholds a conviction but enhances the sentence to death, this clause does not apply (though other avenues like Article 136 might be available). The reversal of acquittal is key here.
  • Clause (1)(b): This condition covers cases where the High Court takes up a case for trial directly from a subordinate court (i.e., does not hear it in appeal or revision, but as a court of first instance after withdrawal) and, after conducting the trial, convicts the accused and sentences them to death. This is less common but provides a direct route of appeal to the Supreme Court from the High Court’s original criminal trial jurisdiction, specifically in cases involving the death penalty.
  • Clause (1)(c): This is a residuary clause that allows an appeal if the High Court certifies that the case is a “fit one for appeal” to the Supreme Court. Unlike the first two mandatory conditions tied to the death sentence, this clause provides discretion to the High Court. The High Court grants such a certificate usually when the case involves a substantial question of law of general importance, or where there is a point of law or procedure which, in the opinion of the High Court, needs to be decided by the Supreme Court. The proviso to this clause mentions that appeals under this sub-clause are subject to rules made by the Supreme Court under Article 145(1) and conditions set by the High Court. Note that Article 134A, inserted by the 44th Amendment, specifically deals with the High Court’s power to grant a certificate under this article (and Article 132), specifying the procedure and the grounds (involving a substantial question of law of general importance).

Clause (2) empowers Parliament to legislate and confer further powers on the Supreme Court to hear appeals in criminal matters from High Courts. This means the grounds for appeal under Article 134 can be expanded by an Act of Parliament beyond the three situations listed in clause (1). Such legislative expansion would be subject to the conditions and limitations specified in that law. This clause provides flexibility for the Parliament to broaden the scope of the Supreme Court’s appellate criminal jurisdiction as deemed necessary.

It is important to distinguish the appeal under Article 134 (a right of appeal in specific situations) from the power of the Supreme Court to grant special leave to appeal under Article 136 (a discretionary power of the Supreme Court). Article 134 confers a right to appeal, whereas Article 136 confers a discretionary power on the Supreme Court to entertain an appeal.

Detailed Notes

  • Article 134 deals with the appellate jurisdiction of the Supreme Court in criminal matters from High Courts.
  • An appeal shall lie to the Supreme Court if certain conditions are met.
  • The appeal lies from any judgment, final order, or sentence in a criminal proceeding of a High Court.
  • Condition 1 [Article 134(1)(a)]:
    • High Court, in appeal, reverses an order of acquittal.
    • AND sentences the accused to death.
    • Both conditions must be fulfilled. Reversal of acquittal alone is not sufficient, nor is a death sentence without reversal of acquittal under HC’s appellate power.
  • Condition 2 [Article 134(1)(b)]:
    • High Court withdraws a case from a subordinate court for trial before itself.
    • High Court conducts the trial.
    • High Court convicts the accused in that trial.
    • AND sentences the accused to death.
    • This covers the High Court’s original criminal trial jurisdiction after withdrawing a case.
  • Condition 3 [Article 134(1)(c)]:
    • High Court certifies that the case is a “fit one for appeal” to the Supreme Court.
    • This is a discretionary power of the High Court.
    • Usually granted if the case involves a substantial question of law of general importance.
    • Subject to Supreme Court rules under Article 145(1) and High Court conditions.
    • Article 134A (inserted by 44th Amendment) provides for the High Court’s power to grant this certificate, specifying grounds (involving a substantial question of law of general importance).
  • Parliamentary Power [Article 134(2)]:
    • Parliament can enact a law to confer additional powers on the Supreme Court to entertain appeals in criminal matters from High Courts.
    • This allows for the expansion of the Supreme Court’s appellate criminal jurisdiction beyond the grounds mentioned in Article 134(1).
    • Such expansion would be subject to conditions and limitations specified in the parliamentary law.
  • Article 134 provides a right to appeal when conditions in 134(1)(a) or (b) are met, or when certified under 134(1)(c).
  • It is distinct from the discretionary power of the Supreme Court under Article 136 (Special Leave Petition).
  • Article 134 plays a vital role in reviewing death penalty cases decided by High Courts under specific scenarios and cases deemed fit for appeal by the High Courts.

Additional Comments

  • Article 134 deals exclusively with criminal matters originating from High Courts, distinguishing it from Article 132 (appeals involving substantial questions of law regarding constitutional interpretation, which can be civil, criminal, or other) and Article 133 (appeals in civil matters).
  • The provisions of Article 134(1)(a) and (b) provide an automatic right of appeal to the Supreme Court when a High Court imposes a death sentence in specific scenarios involving either reversal of acquittal or direct trial by the High Court. This underscores the gravity attached to capital punishment in the Indian legal system.
  • Article 134A, inserted by the 44th Amendment Act, 1978, standardizes the process for granting a certificate under Articles 132(1), 133(1), and 134(1)(c), requiring the High Court to record grounds for granting or refusing the certificate and clarifying the nature of the question involved (substantial question of law of general importance).
  • While Article 134 provides specific grounds for appeal as a matter of right (subject to certification in 134(1)(c)), Article 136 confers a wide discretionary power on the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in India (except military tribunals). This is often the route for appeals in criminal matters when Article 134 conditions are not met.

Summary

Article 134 of the Indian Constitution grants appellate jurisdiction to the Supreme Court in criminal proceedings from High Courts. An appeal lies to the Supreme Court if the High Court has reversed an acquittal and sentenced the accused to death, or if the High Court has conducted a trial after withdrawing a case from a lower court and sentenced the accused to death. An appeal also lies if the High Court certifies the case as a fit one for appeal. Parliament is empowered to confer additional appellate powers on the Supreme Court in criminal matters by law. This article provides specific instances where a right to appeal exists in serious criminal cases, particularly those involving the death penalty, from the High Courts to the Supreme Court.
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