Part V: The Union

The Union Judiciary

Article 134A: Certificate for appeal to the Supreme Court

--- Original Article ---

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.

Amendments

1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 20 (w.e.f. 1-8-1979).

Explanations

Article 134A of the Constitution of India outlines the procedure by which a High Court may grant a certificate allowing a party to appeal to the Supreme Court. This provision was introduced by the Constitution (Forty-fourth Amendment) Act, 1978, to regulate appeals and ensure that cases meeting specific criteria could be heard by the Supreme Court. It provides a clear pathway for appeals concerning judgments or final orders passed by a High Court, particularly those referred to in Articles 132, 133, and 134. The article seeks to prevent unnecessary appeals while safeguarding the right to approach the Supreme Court in cases of substantial legal importance.

Clause-by-Clause Explanation

1. Discretion of the High Court (Clause a)

The High Court has the discretion to issue a certificate for an appeal to the Supreme Court on its own motion. This enables the High Court to decide, even without a formal application, whether a case holds sufficient merit or involves significant constitutional questions, and whether it should be heard by the Supreme Court.

2. Right of the Aggrieved Party to Apply (Clause b)

If a party is aggrieved by a judgment, decree, final order, or sentence passed by the High Court, they may make an oral application for a certificate of appeal immediately after the decision is made. The High Court is then required to determine whether the case qualifies for such a certificate based on the provisions of Articles 132, 133, or 134.

Amendments and Historical Significance

This article was inserted through the Constitution (Forty-fourth Amendment) Act, 1978, effective from August 1, 1979. It replaced the earlier system that was perceived as allowing too many appeals to the Supreme Court, leading to a backlog of cases. The amendment streamlined the appeal process by ensuring that only cases involving significant legal or constitutional questions would be escalated to the Supreme Court, thus preserving the Court's focus on matters of national importance.

Real-Life Example

• Environmental Law Case: In a landmark case related to environmental law, a High Court passed a final order regulating industrial activities in ecologically sensitive zones. The affected industries sought an appeal under Article 134A, applying for a certificate to move the case to the Supreme Court on grounds that the matter involved substantial constitutional questions about the balance between economic development and environmental protection. The High Court granted the certificate under Article 134A, deeming the issue worthy of Supreme Court scrutiny.

References and Significance

Article 134A is closely tied to Articles 132, 133, and 134, which define the circumstances under which cases can be appealed to the Supreme Court. By introducing a structured framework, this article has contributed to a more efficient judicial process, preventing frivolous appeals while ensuring that significant cases continue to be heard by the apex court. This provision plays a vital role in upholding the integrity of the legal system by filtering out cases that do not meet the threshold of constitutional or public importance.

Legislative History

Article 134A was formally introduced by the Constitution (Forty-fourth Amendment) Act, 1978, and was debated in relation to the judicial backlog and Supreme Court appeal process. It was incorporated to ensure that appeals to the Supreme Court were carefully considered and only pursued in cases of substantial legal importance.

Debates and Amendments

The debates on Article 134A in the Constituent Assembly emphasized the need to streamline the appeal process to the Supreme Court. Discussions led by Dr. B. R. Ambedkar and other members of the Assembly focused on balancing access to the Supreme Court while preventing unnecessary appeals that could clog the judicial system. The insertion of Article 134A was seen as a significant step in ensuring judicial efficiency and preventing the escalation of non-essential cases to the apex court.

References

• The Constitution (Forty-fourth Amendment) Act, 1978
• Environmental Law Case under Article 134A