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Article 134 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
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Overview

Name of the Article

Article 134 - Appellate jurisdiction of Supreme Court in regard to criminal matters

Part of the Constitutional Article

Part V

Article 134 of Indian Constitution is an important provision under Part V which governs the functioning of the Union. Article 134 of Indian Constitution grants the Supreme Court appellate jurisdiction in criminal matters. It allows the Apex Court to review judgments and orders passed by High Courts. It ensures that errors or potential miscarriages of justice are promptly addressed.

Interpretation of Article 134 of Indian Constitution

Article 134 of the Constitution states - “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High Court- (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death or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.”

Article 134 of Indian Constitution empowers the Supreme Court to hear appeals in criminal cases particularly those adjudicated by the High Courts. The Supreme Court is the final appellate authority in such matters.

  1. The Supreme Court can hear appeals against judgments or orders of High Courts that have acquitted an accused in criminal cases. It ensures that erroneous decisions leading to acquittal can be reviewed and corrected.
  2. The Supreme Court has the authority to hear appeals regarding judgments or orders by High Courts that have imposed sentences of -
  • Death
  • life imprisonment or 
  • imprisonment exceeding ten years

It ensures that errors in sentencing decisions can be reviewed and rectified. The Supreme Court also considers the gravity of the offence, the manner of its commission and the overall circumstances of the case before deciding on such appeals.

  1. The Supreme Court is vested with the power to grant special leave to appeal against judgments or orders passed by High Courts in criminal cases. The term ‘special leave’ implies the discretion of the Court to grant or deny permission for such appeals. The provision enables the Supreme Court to exercise its appellate jurisdiction even in cases without substantial questions of law.

Article 134 plays an important role in the administration of justice in criminal matters. It provides a pathway for the review of High Court decisions to rectify errors and prevent miscarriages of justice.

Certificate for Appeal to Supreme Court- Article 134 A

The 44th Amendment Act, 1978 introduced ‘Article 134A’ for regulating the grant of the certificate for appeal to the Supreme Court by the High Courts. The primary aim of this new provision is to avoid delay in cases going to the Supreme Court in appeal from the judgment, decree, final order or sentence of the High Court.

Conclusion

Article 134 of Indian Constitution empowers the Supreme Court to exercise appellate jurisdiction in criminal cases. It enables the court to hear appeals against judgments and orders of High Courts. It provides a mechanism to address errors and prevent miscarriages of justice. The provision plays a key role in upholding the rule of law and maintaining the effective administration of justice in the country.

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FAQs about Article 134 of Indian Constitution

Article 134 is mentioned under Part V of the Constitution of India.

Article 134 grants the Supreme Court appellate jurisdiction in criminal cases and allows it to review judgments, orders or sentences passed by High Courts.

An appeal can be made if the High Court reverses an acquittal and sentences the accused to death, withdraws a case for trial before itself and convicts the accused, sentencing them to death or certifies the case as fit for appeal under Article 134A.
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