Article 134A of CoI : Article 134A: Certificate For Appeal To The Supreme Court

CoI

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Explanation using Example

Imagine a situation where the High Court of a state has delivered a final judgement in a civil case that involves a substantial question of law regarding the interpretation of the Constitution of India. The party who lost the case believes that the question of law is of general public importance and that the Supreme Court should have the opportunity to review the High Court's decision.

In this scenario, under Article 134A of the Constitution of India, the High Court:

  1. Has the discretion to certify the case on its own motion if it considers the case to be of such significance that it warrants a review by the Supreme Court.
  2. Must consider whether to certify the case for appeal to the Supreme Court if the aggrieved party makes an oral application for such a certificate immediately after the judgement is passed.

If the High Court agrees and grants the certificate, the case can then be taken to the Supreme Court for appeal. If the High Court does not grant the certificate, the aggrieved party may still seek special leave to appeal from the Supreme Court directly.