The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968 was a legislative proposal that culminated in the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (Act No. 28 of 1970). This Act was created to enlarge the appellate jurisdiction of the Supreme Court in criminal matters.
The Act was enacted because, prior to 1970, an accused person did not have an absolute right of appeal to the Supreme Court in certain serious cases. The Constitution, under Article 134(1), only provided an appeal as of right if the High Court had sentenced the accused to death. In other cases, such as when the High Court reversed an acquittal and imposed a long sentence, an appeal was only possible if the High Court granted a certificate under Article 134(1)(c), which was a discretionary power.
The 1970 Act works by utilizing the power granted to Parliament under Article 134(2) of the Constitution to confer further appellate powers on the Supreme Court. Section 2 of the Act grants an appeal as of right to the Supreme Court in two specific scenarios: first, if the High Court, on appeal, reversed an acquittal and sentenced the accused to imprisonment for life or for a period of not less than ten years. Second, an appeal lies if the High Court withdrew a case from a subordinate court for trial before itself, convicted the accused, and sentenced them to imprisonment for life or for a period of not less than ten years. The Act initially excluded the State of Jammu and Kashmir, but this exception was omitted by Act 37 of 1972, Section 2, effective from August 20, 1972.