(Article 134)

a) Has reversed an order of acquittal of an accused on appeal and sentenced him to death (Parliament may by law expand the situation, where certificate is not required, to imprisonment for life or for 10 years)

b) Has taken before itself any case for trial from any subordinate Court and has convicted the accused and sentenced him to death (Parliament may by law expand the situation, where certificate is not required, to imprisonment for life or for 10 years).

c) Certifies that the case is a fit one for appeal to the Supreme Court

4. Parliament is authorized to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court. (Article 134(2))

5. Appeal by Special Leave: The Supreme Court can also grant special leave to appeal from a judgement or order of any non-military Indian court or tribunal- Article 136(1). Such leave for appeal will be discretionary power of Supreme Court and may be related to any matter. The scope of this provision is very wide and it vests the Supreme Court with plenary jurisdiction to hear appeals. On the exercise of this power, SC itself held that “being an exceptional and overriding power, it has to be exercised sparingly and with caution and only in special extraordinary situations”.