Introduction

The Indian Constitution is the supreme law of the land, providing the framework for the governance of the country. Within this framework, Article 136 holds a significant position as it grants the Supreme Court the power to grant special leave to appeal in cases where justice demands it. This article serves as a crucial instrument in ensuring the fair and just administration of justice in India.

Understanding Article 136

Article 136 of the Indian Constitution empowers the Supreme Court to grant special leave to appeal against any judgment, decree, determination, sentence, or order in any matter or cause, passed or made by any court or tribunal in the territory of India. This provision allows the Supreme Court to exercise its discretionary power to grant leave to appeal, even if the case does not meet the usual requirements for an appeal.

The language used in Article 136 is intentionally broad, giving the Supreme Court the flexibility to intervene in cases that require its attention. This provision acts as a safety valve, allowing the apex court to correct any miscarriage of justice or address important legal issues that may arise. It provides an avenue for litigants to seek justice when no other legal remedy is available.

Scope and Applicability

Article 136 applies to all courts and tribunals within the territory of India, irrespective of their jurisdiction or hierarchy. It is not limited to any particular type of case or subject matter. The Supreme Court can grant special leave to appeal in civil, criminal, constitutional, or any other kind of matter.

It is important to note that the Supreme Court has the discretion to grant or refuse special leave to appeal. The court carefully considers the facts and circumstances of each case before deciding whether to exercise its jurisdiction under Article 136. The court may refuse to grant leave if it finds that the case does not involve any substantial question of law or public importance.

Grounds for Granting Special Leave

While Article 136 does not specify the grounds on which special leave may be granted, the Supreme Court has established certain principles over the years. The court may consider granting special leave in the following situations:

1. When a substantial question of law is involved:

If the case raises an important legal issue that requires the Supreme Court's interpretation or clarification, the court may grant special leave to appeal. This ensures that the law is applied consistently and correctly throughout the country.

2. When there is a conflict of decisions:

If different High Courts or other courts have given conflicting judgments on the same legal issue, the Supreme Court may intervene to resolve the conflict and provide a uniform interpretation of the law.

3. When there is a grave injustice:

If the Supreme Court believes that a serious miscarriage of justice has occurred or is likely to occur, it may grant special leave to appeal to prevent or rectify the injustice.

4. When the case involves a substantial question of public importance:

If the case has wider implications beyond the immediate parties involved and affects the rights and interests of the general public, the Supreme Court may grant special leave to appeal to ensure that the issue is appropriately addressed.

Procedure for Seeking Special Leave

To seek special leave to appeal under Article 136, a litigant must file a petition before the Supreme Court. The petition should clearly state the facts of the case, the questions of law involved, and the reasons why the Supreme Court should grant special leave. It is essential to present a strong case and demonstrate why the matter deserves the Supreme Court's attention.

Once the petition is filed, the Supreme Court may request the lower court's records and examine the relevant documents and evidence. The court may also hear arguments from both parties before deciding whether to grant special leave to appeal. It is at the court's discretion to either accept or reject the petition.

Significance of Article 136

Article 136 plays a vital role in the Indian legal system by ensuring that justice is not denied due to strict procedural requirements. It allows the Supreme Court to step in and correct any errors or injustices that may have occurred at lower levels of the judiciary. This provision acts as a safeguard against any potential miscarriage of justice.

Furthermore, Article 136 enables the Supreme Court to establish and maintain consistency in the interpretation and application of laws throughout the country. By granting special leave to appeal in cases involving substantial questions of law or public importance, the court ensures that legal principles are uniformly applied and upheld.

The provision also serves as a check on the lower courts, as it allows the Supreme Court to review their decisions and rectify any errors. This helps maintain the overall integrity and credibility of the Indian judicial system.

Conclusion

Article 136 of the Indian Constitution grants the Supreme Court the power to grant special leave to appeal in cases where justice demands it. This provision allows the apex court to intervene in matters that require its attention, even if they do not meet the usual requirements for an appeal. It ensures that justice is not denied due to strict procedural requirements and enables the court to address important legal issues and rectify any miscarriage of justice. Article 136 plays a significant role in maintaining the integrity and credibility of the Indian judicial system.