Article 134 In English | Article 134 Of Indian Constitution In English | What Is Article 134

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Article 134 Of Indian Constitution In English

Article 134 – Appellate jurisdiction of Supreme Court in regard to criminal matters.
(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or

(c) certifies under Article 134A that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub clause (c) shall lie subject to such provisions as may be made in that behalf under clause ( 1 ) of Article 145 and to such conditions as the High Court may establish or require.
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.

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Article 134 In English

134 Article – Appellate jurisdiction of the Supreme Court with respect to criminal matters.
(1) Any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India may be appealed to the Supreme Court if the High Court has, on appeal, overturned the order of the acquittal of an accused person, and be sentenced to be put to death; or has withdrawn for trial any case from any court subordinate to his authority and has convicted the person accused in such trial and sentenced him to death; either
(c) certifies under article 134A that the case is fit for appeal to the Supreme Court: Provided that an appeal under sub-section (c) shall be subject to such provisions as may be made in that behalf under clause (1) Huh. Article 145 and such conditions as the High Court may establish or require.
(2) Parliament may by law confer any further powers to consider and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India, subject to such conditions and limitations. may be subject to that specified in such law.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 134 Of Indian Constitution?

Article 134 Debate Summary

A member argued that the amendment went ‘against the very grain’ of the objective motion and fundamental rights as it did not confer a right to appeal to the convicts who were not sentenced to death. He was particularly against the proviso to clause (c) as it imposed more restrictions on criminal appeals than on civil ones.

A member of the drafting committee questioned the necessity of the draft article, as it appears that the Supreme Court already has the power to hear criminal appeals under draft article 112 (Article 136). Another member replied that the draft Article 112 gave the Supreme Court a discretionary power to hear an appeal, while the current draft Article empowered convicted persons to have their appeals heard by the court in certain circumstances.

The Chairman of the Drafting Committee said that the amendment took into account the main concerns expressed by the majority of the Assembly as it provides the right of appeal to the persons sentenced to death, while other cases require the certification of the High Court. To ensure that the Supreme Court was not burdened with cases.

Furthermore, if a shortcoming in the law was identified in the future, Parliament was at liberty to extend the right of criminal appeal through legislation. Except the one proposed by the Chairman of the Drafting Committee, all proposed amendments were withdrawn or rejected. The amended draft article was adopted on 14 June 1949.

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