Article 134A of Constitution of India – Certificate for appeal to the Supreme Court
Article 134A of Constitution of India deals with Certificate for appeal to the Supreme Court
Original Text of Article 134A of Constitution of India
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.
Questions related to Article 134A of Constitution of India
Article 134A empowers High Courts to issue a certificate of appeal to the Supreme Court if a case involves a substantial question of law, as provided under Articles 132, 133, or 134 of the Constitution of India.
If a party makes an oral application immediately after the judgment, and the case involves a significant constitutional or legal question, the High Court may certify it for appeal, as per the Articles of Indian Constitution.
No, it is only needed when appealing under Articles 132, 133, or 134. For other cases, one may approach the Supreme Court under Article 136 (special leave petition), as discussed in various Indian Kanoon rulings.
Cases involving interpretation of the Constitution, fundamental rights, or substantial questions of law are typically considered for certification under Article 134A of the Indian Constitution.
You can explore Indian Kanoon to find judgments where High Courts issued certificates of fitness for appeal, especially in civil, criminal, or constitutional matters, as per Article 134A of the Constitution of India.
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