Railway
The appellate jurisdiction of the Supreme Court in criminal matters is provided in:
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Answer: Option D — Article 134
Detailed Solution
Article 134 deals with the appellate jurisdiction of the Supreme Court in regard to criminal matters.
When an appeal lies to the Supreme Court under Article 134:
- If the High Court has, on appeal, reversed an order of acquittal of an accused person and sentenced him to death.
- If the High Court has withdrawn a case from a lower court, tried it itself, convicted the accused and sentenced him to death.
- In these two situations, the appeal lies as a matter of right, without needing a certificate.
- If the High Court certifies under Article 134A that the case is fit for appeal to the Supreme Court.
Certificate of the High Court:
- Article 134A, added by the 44th Amendment, deals with the certificate for appeal to the Supreme Court.
- The High Court can grant the certificate on its own or on an oral application made immediately after the judgment.
Enlargement by Parliament:
Parliament can confer on the Supreme Court further powers to hear criminal appeals.
Under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, an appeal lies to the Supreme Court if the High Court has, on appeal, reversed an acquittal and sentenced the accused to life imprisonment or imprisonment for ten years or more.
Other appellate jurisdictions:
- Article 132: appeals in constitutional matters, where the case involves a substantial question of law about the interpretation of the Constitution.
- Article 133: appeals in civil matters, where the case involves a substantial question of law of general importance.
- Article 136: special leave to appeal, which the Supreme Court may grant in any matter from any court or tribunal, except military tribunals.
Special leave petitions:
Article 136 is a discretionary power, and it has become one of the most used routes to reach the Supreme Court.
Why not the other options?
- ✗Article 132 deals with constitutional appeals.
- ✗Article 133 deals with civil appeals.
- ✗Article 136 deals with special leave to appeal.
Quick tip
Remember: Article 132 = constitutional appeals, 133 = civil appeals, 134 = criminal appeals, 136 = special leave.
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.