Article 136 of the Costitution of India with Case law
Article 136 of the Constitution of India
Title: Special Leave to Appeal by the Supreme Court
Bare Text of Article 136:
"(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."
Explanation:
Article 136 gives the Supreme Court of India the extraordinary power to grant Special Leave to Appeal (SLA) in any case, civil or criminal, from any court or tribunal (except military tribunals).
This is not a right of appeal; it's discretionary power—granted only in exceptional cases to prevent miscarriage of justice.
Key Features:
It's a residual power, used when no appeal lies under other constitutional provisions.
The Court can intervene even if no statute provides for an appeal.
It is discretionary and not a matter of right.
Military courts/tribunals are excluded.
Landmark Case Laws under Article 136:
1. Pritam Singh v. The State, AIR 1950 SC 169
Principle: The Supreme Court laid down that Article 136 is to be exercised sparingly and in exceptional cases, such as:
When gross injustice is done.
When a serious error of law or fact exists.
2. Durga Shankar Mehta v. Raghuraj Singh, AIR 1954 SC 520
Principle: Article 136 is applicable even to election tribunals, as they are quasi-judicial bodies and their decisions can affect the fundamental democratic structure.
3. L. Chandra Kumar v. Union of India, (1997) 3 SCC 261
Principle: Tribunals are under the purview of Article 136, and their decisions can be challenged in the Supreme Court via special leave.
4. Kunhayammed v. State of Kerala, (2000) 6 SCC 359
Principle: If SLP (Special Leave Petition) is dismissed without reasons, it does not operate as res judicata. It does not amount to affirmation of the decision of the lower court.
5. Union of India v. Dharmendra Textile Processors, (2008) 13 SCC 369
Principle: The Supreme Court reiterated that the scope under Article 136 is wide, but only serious legal errors or violations of natural justice justify its use.
Scope of Article 136:
| Aspect | Details |
|---|---|
| Type of power | Discretionary and extraordinary |
| Nature of cases | Civil, criminal, constitutional, administrative |
| Who can apply | Any aggrieved person |
| Excluded areas | Court or tribunal under military/armed forces law |
Conclusion:
Article 136 is a powerful judicial tool to ensure justice prevails even when statutory remedies are exhausted or unavailable. However, the Supreme Court uses this power cautiously, to uphold judicial discipline and hierarchy.
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