Article 134A of CoI : Article 134A: Certificate for appeal to the Supreme Court.

Explanation using Example

Example 1:

Scenario: A High Court in India has just delivered a final judgment in a civil case involving a substantial question of law regarding the interpretation of the Constitution.

Application of Article 134A:

• Step 1: The High Court, after delivering the judgment, considers whether this case involves a substantial question of law as to the interpretation of the Constitution.
• Step 2: The High Court, on its own motion, decides that this case is significant enough to be appealed to the Supreme Court.
• Step 3: The High Court issues a certificate under Article 134A, allowing the aggrieved party to appeal to the Supreme Court.

Example 2:

Scenario: A High Court has passed a final order in a criminal case where the accused has been sentenced to life imprisonment. The accused believes there has been a grave miscarriage of justice.

Application of Article 134A:

• Step 1: Immediately after the High Court passes the sentence, the lawyer of the accused makes an oral application requesting a certificate for appeal to the Supreme Court.
• Step 2: The High Court is obligated to determine whether the case qualifies for a certificate under Article 134(1)(c), which pertains to substantial questions of law or gross miscarriage of justice.
• Step 3: After consideration, the High Court decides that the case does indeed involve significant legal questions and issues the certificate.
• Step 4: With this certificate, the accused can now appeal the High Court's decision to the Supreme Court.

Example 3:

Scenario: A High Court has issued a final decree in a property dispute case. One of the parties believes that the case involves a substantial question of law of general importance.

Application of Article 134A:

• Step 1: The aggrieved party's lawyer makes an oral application immediately after the decree is passed, requesting a certificate for appeal to the Supreme Court.
• Step 2: The High Court evaluates whether the case involves a substantial question of law of general importance under Article 133(1).
• Step 3: The High Court determines that the case does involve such a question and issues the certificate.
• Step 4: The aggrieved party can now appeal the High Court's decree to the Supreme Court.

Example 4:

Scenario: A High Court has delivered a final judgment in a case involving the interpretation of a central law that affects multiple states.

Application of Article 134A:

• Step 1: The High Court, recognizing the broader implications of the case, decides on its own motion to consider whether a certificate for appeal to the Supreme Court should be issued.
• Step 2: The High Court determines that the case involves a substantial question of law of general importance.
• Step 3: The High Court issues the certificate under Article 134A.
• Step 4: The parties involved in the case can now appeal to the Supreme Court, which will address the substantial question of law.

Example 5:

Scenario: A High Court has passed a final order in a case involving the interpretation of a state law that conflicts with a central law.

Application of Article 134A:

• Step 1: The aggrieved party's lawyer makes an oral application immediately after the order is passed, requesting a certificate for appeal to the Supreme Court.
• Step 2: The High Court evaluates whether the case involves a substantial question of law as to the interpretation of the Constitution or a conflict between state and central laws.
• Step 3: The High Court determines that the case does involve such a question and issues the certificate.
• Step 4: The aggrieved party can now appeal the High Court's order to the Supreme Court.