Part V - The Union • Article

Article 134A Simplified: Certificate for appeal to the Supreme Court

Article 134A provides a shortcut for appeals. It requires a High Court to decide immediately after giving a judgment whether to grant a certificate of fitness for appeal to the Supreme Court, either on its own motion or if the lawyer makes a quick oral request in court.

Official Text

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, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, 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 given in respect of that case.]

Simple Meaning

Explain Like Ten

This is a quick step where the High Court judge decides right after delivering their verdict whether the case is fit to be appealed to the Supreme Court, so lawyers don't have to wait or file separate paperwork.

Student Mode

Inserted by the 44th Amendment Act (1978) to streamline the appeal process. It mandates that every High Court, immediately after passing a judgment, decree, final order, or sentence, must determine whether to grant a certificate of fitness for appeal (under Article 132, 133, or 134). This determination can be made on the court's own motion, or immediately upon an oral application by the aggrieved party.

Example

Right after a High Court judge delivers a verdict in a major public case, the losing side's lawyer stands up and orally requests a certificate of fitness. Under Article 134A, the judge must determine the request immediately, preventing lengthy separate application processes.

Key Takeaway

Article 134A enables rapid oral applications for certificates of appeal immediately after judgment.

FAQs

When did Article 134A come into existence?

It was inserted by the 44th Amendment Act of 1978 to speed up the process of applying for and determining certificates of fitness for appeal.

How is an application for a certificate under Article 134A made?

It is made orally by or on behalf of the aggrieved party immediately after the High Court passes its judgment or order, or the High Court can decide on its own motion (suo motu).