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Certificate of Fitness (Article 134A)

Jurisdictional & Appellate Practice Terms

Definition

An official certification granted by a High Court certifying that a case decided by it involves a substantial question of law of general importance, or an interpretation of the Constitution, that needs to be decided by the Supreme Court, facilitating an appeal under Articles 132, 133, or 134.

Example

Following a conflicting interpretation between two High Courts regarding a newly enacted tax statute, the High Court issues a Certificate of Fitness under Article 134A allowing the Revenue Department to file a direct appeal before the Supreme Court.