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Power of Supreme Court under Article 132 to 136 of the Constitution of India

Article 132 deals with Appellate Jurisdiction of the Supreme Court in Constitutional cases. It must be read with under Article 134 A( inserted by the Constitution 44th Amendment Act 1978, under which ,inter alia, if a substantial question of law as to the Interpretation of the Constitution is involved, the High court must grant certificate. Unlike Article 133(1)(a, Article 132(1) does not require that the question must be of general importance

Article 133 deals with Appellate Jurisdiction of the Supreme Court from High Court in Civil Cases. As mentioned by the Constitution ( 30th Amendment Act,1972, the Article allows such appeal if (a) the case involves a substantial question of Law of General Importance and (ii) in the opinion of the High Court,the said questions need to be decided by the Supreme court. The certificate is issued under Article 134 A.

Article 134(1) allowes criminal appeal to the Supreme Court from High Court in specified cases. Clause (a) & (b) involves death sentence.

Clause ( c) is much wider . If the High Court certifies under Article 134 A that the case is a fit one for Appeal to the Supreme Court, then the appeal is complete.

As regards Article 134(2) ,see the following:
  1. Supreme Court ( Enlargement of Criminal Appellate Jurisdiction, Act 1970
  2. Section 379 of the Code of criminal procedure,1973
Ref : Ram Kumar vs State of M.P ,AIR 1975 ,SC 1026 : ( 1975, 3 SCC 815

Article 135 saves jurisdiction under existing Law conferred on the Federal Court which will not be exercised by the Supreme Court.

Article 136 confers on the Supreme Court Jurisdiction to entertain by special leave to appeal.

The apex court has wide jurisdiction under Article 136 of the Constitution as regards:
  1. The court from whose jurisdiction the appeal may be entertained but Court martial are excluded
  2. The nature of the Jurisdiction that may be appealed from.
  3. The nature of the proceedings in which appeal may be entertained.
  4. The grounds that may be allowed to be raised for seeking such special leave.

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