Part V - The Union • Article

Article 136 Simplified: Special leave to appeal by the Supreme Court

Article 136 is the 'Ultimate Safety Valve' of the Indian judicial system. It gives the Supreme Court the discretionary power to grant 'Special Leave' to hear an appeal against *any* judgment, order, or sentence passed by *any* court or tribunal in the country (except military tribunals) to prevent a gross miscarriage of justice.

Official Text

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Simple Meaning

Explain Like Ten

This is a super-power of the Supreme Court. Even if normal appeal paths are closed, the Supreme Court can choose to hear any case from any court in India if they feel a big injustice happened.

Student Mode

Empowers the Supreme Court with an extraordinary, discretionary, and plenary jurisdiction to grant special leave to appeal against any judgment, decree, determination, sentence, or order in any cause or matter passed by any court or tribunal in India. The only exception is military tribunals (Article 136(2)). It is used as a residuary power to correct manifest injustice.

Example

If a local labor tribunal makes a highly arbitrary and unfair decision and there is no direct right of appeal to a High Court, an affected worker can petition the Supreme Court directly for a Special Leave Petition (SLP) under Article 136.

Key Takeaway

The Supreme Court has broad discretionary power to hear any appeal to prevent a gross miscarriage of justice.

FAQs

What does 'discretionary power' mean under Article 136?

It means that filing a Special Leave Petition (SLP) does not guarantee an appeal will be heard. The Supreme Court has the absolute right to accept or reject the petition based on whether a grave injustice occurred.

Does Article 136 apply to military courts?

No. Clause (2) of Article 136 explicitly excludes judgments or orders passed by any court or tribunal constituted by or under any law relating to the Armed Forces.

Can a party file an SLP against an interlocutory or interim order?

Yes. Unlike Articles 132 and 133 which apply to 'final orders', Article 136 uses the word 'order', allowing appeals against interim or interlocutory orders in exceptional cases.

Quiz

Which of the following is excluded from the Supreme Court's jurisdiction under Article 136?

Answer: Armed Forces Tribunal

The power of the Supreme Court to grant Special Leave to Appeal under Article 136 is:

Answer: Discretionary and extraordinary