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Scope of Articles 134 (1) (C) and 136 (I) of the Constitution of India

By K. K. Maitra

Published In

Air 1958

Judicial pronouncements on the scope of Arts. 134 (1) (c.) and 136 of the Constitution are rather numerous but with great deference, one might be permitted to say, are neither consistent nor uniform. The wide generality of the language advisedly used by the framers of the Constitution does not admit of any clear and hide-bound classification of the categories of cases where a certificate of fitness should be granted or not. The fundamental test is the satisfaction of the High Court that the case is a fit one for appeal. Now nothing is prescribed as regards the necessary conditions to be satisfied. If the certificate under Cl. (C) of Art. 134 (1) is refused the aggrieved party may present an application under Art. 136 of the Constitution for special leave. From a reading of the two Articles, viz., Arts. 134 and 136 of the Constitution it appears that the consideration and requirements which govern the grant of special leave under Art. 136 by the Supreme Court are not necessar ....

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