Part V.—The Union.—Arts. 134–136.
Appellate jurisdic-
tion of Supreme
Court in regard to
criminal matters.
[१]I34. (I) 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—
- (a) has on appeal eversed an order of acquittal of an accused person and sentenced him to death; or
- (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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 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 (I) of article I45 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.
Jurisdiction and
powers of the
Federal Court
under existing
law to be exer-
cisable by the
Supreme Court.
[२]I35. Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article I33 or article I34 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencenient of this Constitution under any existing law.
Special leave to
appeal by the
Supreme Court.
[३]I36. (I) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judg.nent, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (I) shall apply to any judgiment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
- ↑ In its application to the State of Jammu and Kashmir, in art. 134, cl. (2), after the words "Parliament may", the words "on the request of the Legislature of the State" shall be inserted.
- ↑ Arts. I35 and I36 shall not apply to the State of Jammu and Kashmir.
- ↑ Arts. I35 and I36 shall not apply to the State of Jammu and Kashmir.
