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Article 134A of the Indian Constitution: Certificate for Appeal to the Supreme Court

Part: V
Shorthand Notes: HC Certificate for SC Appeal

Article 134A is a crucial provision inserted into the Constitution by the 44th Amendment Act, 1978. It streamlines the procedure for obtaining a certificate from the High Court for filing an appeal to the Supreme Court of India under certain articles. Prior to this amendment, the process was often subject to delays.

This article mandates the High Courts to consider and decide on the grant of a certificate for appeal to the Supreme Court immediately after pronouncing a judgment, decree, final order, or sentence, provided an application is made or the court deems it fit. This ensures a more expeditious determination of the appealability of a case to the apex court.

Original Text

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, immediately after the passing or making of such judgment, decree, final order or sentence, by or on behalf of the party aggrieved,

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 granted in respect of that case.

Detailed Explanation

Article 134A lays down the procedure by which a High Court is required to decide whether to grant a ‘certificate of fitness’ for appeal to the Supreme Court. This certificate is a prerequisite for filing certain types of appeals under Articles 132, 133, and 134(1)(c). The article specifically addresses when and how this determination is to be made by the High Court.

The core of Article 134A is the timing and mechanism for considering the grant of the certificate. It mandates that the High Court should take up this question “immediately after the passing or making of such judgment, decree, final order or sentence”. This phrase emphasizes the intent to link the decision on the certificate closely with the delivery of the main verdict itself, minimizing procedural gaps and potential delays.

The High Court can consider granting the certificate under two scenarios:

  1. Suo Motu: The High Court, of its own motion (if it deems fit), can decide that a case involves a substantial question of law as to the interpretation of the Constitution (under Article 132), or a substantial question of law of general importance that needs to be decided by the Supreme Court (under Article 133), or is a fit case for appeal for other reasons (under Article 134(1)(c)).
  2. On Oral Application: The High Court “shall” consider granting the certificate if an oral application is made by or on behalf of the party aggrieved immediately after the judgment, decree, final order, or sentence is passed. The use of “shall” here makes it a mandatory obligation for the High Court to consider the application when made orally and immediately after the verdict.

The article consolidates the procedure for certificates required under different types of appeals to the Supreme Court from High Courts:

  • Article 132(1): Appeals involving a substantial question of law as to the interpretation of the Constitution.
  • Article 133(1): Civil appeals involving a substantial question of law of general importance.
  • Article 134(1)(c): Criminal appeals where the High Court certifies that the case is a fit one for appeal to the Supreme Court.

By requiring the consideration of the certificate immediately after the verdict, Article 134A facilitates a quicker process for potential appeals to the Supreme Court, allowing parties to understand the High Court’s view on the appealability of the case at an early stage.

Detailed Notes

  • Purpose: Provides the procedure for High Courts to grant a certificate for appeal to the Supreme Court.
  • Applicable Appeals: Relates to certificates required for appeals under:
    • Article 132(1) (Constitutional questions).
    • Article 133(1) (Civil matters, substantial question of law of general importance).
    • Article 134(1)(c) (Criminal matters, ‘fit case’ certificate).
  • Trigger Event: High Court passing or making a judgment, decree, final order, or sentence relevant to the above articles.
  • Timing of Determination: “Immediately after the passing or making of such judgment, decree, final order or sentence”.
  • Mechanism for Consideration:
    • Suo Motu: High Court may consider it on its own motion if it deems fit.
    • On Oral Application: High Court shall consider it if an oral application is made immediately after the verdict by or on behalf of the aggrieved party.
  • Mandatory Consideration: The use of “shall” regarding oral application makes it compulsory for the High Court to consider the request when made orally and immediately after the judgment.
  • Objective: To ensure prompt consideration of the question of granting an appeal certificate by the High Court itself, reducing delays in the process of moving to the Supreme Court.
  • Insertion: Inserted by the Constitution (44th Amendment) Act, 1978.
  • Part: Part V (The Union).
  • Chapter: Chapter IV (The Union Judiciary).

Additional Comments

  • Prior to the 44th Amendment, there was no specific time frame mentioned for applying for or granting the certificate, leading to potential delays. Article 134A addressed this lacuna.
  • The provision for an oral application immediately after the judgment highlights the intent for an on-the-spot consideration of the matter by the judges who delivered the verdict.
  • While the article mandates consideration, the grant of the certificate remains subject to the High Court’s satisfaction regarding the fulfillment of the conditions laid down in Articles 132, 133, or 134(1)(c).
  • If the High Court refuses to grant the certificate, the aggrieved party may still have other avenues of appeal, such as filing a Special Leave Petition (SLP) under Article 136 of the Constitution, which does not require a High Court certificate.
  • This article facilitates the initial screening of cases for appeal to the Supreme Court by the High Court itself, which has just dealt with the matter.

Summary

Article 134A of the Indian Constitution, introduced by the 44th Amendment Act, 1978, mandates High Courts to decide on the grant of a certificate for appeal to the Supreme Court under Articles 132, 133, or 134(1)(c). This decision must be made immediately after the High Court delivers its judgment, decree, final order, or sentence. The High Court can consider granting the certificate either on its own motion (suo motu) if it deems fit, or it is obligated to consider it if an oral application is made by the aggrieved party immediately after the verdict. This provision streamlines the process of obtaining the necessary certificate for appealing certain High Court decisions to the Supreme Court.
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