Article 136 of Constitution of India – Special leave to appeal by the Supreme Court.
Article 136 of Constitution of India deals with Special leave to appeal by the Supreme Court.
Original Text of Article 136 of Constitution of India
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal fromany 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.
Questions related to Article 136 of Constitution of India
Article 136 empowers the Supreme Court to grant special leave to appeal against any judgment, decree, or order passed by any court or tribunal in India, making it a discretionary power under the Constitution of India.
Yes, any individual or party can file a Special Leave Petition (SLP) under Article 136, but the Supreme Court is not bound to accept every appeal. It only intervenes in cases involving gross injustice or legal error, as per Indian Kanoon records.
No, Article 136 does not confer a right to appeal. It gives the Supreme Court the discretionary power to allow appeals in the interest of justice, even when no appeal is otherwise provided by law under the Articles of Indian Constitution.
The Supreme Court typically entertains SLPs in cases involving constitutional interpretation, miscarriage of justice, human rights violations, or conflicting judgments, as discussed in several cases on Indian Kanoon.
You can browse Indian Kanoon to access landmark rulings and interpretations of Article 136, which is often invoked in criminal, civil, and constitutional matters under the Constitution of India.
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