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 app...

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