Article 136 of Constitution of India
Article 136 – Special Leave to Appeal by the Supreme Court
Text of Article 136:
“Notwithstanding anything in this Constitution, 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.”
Key Features of Article 136:
Discretionary Power:
The Supreme Court has complete discretion to grant or refuse special leave to appeal (SLA).
It is not bound by the normal appeal procedure.
Wide Scope:
Can be invoked against any judgment, order, or decree of any court or tribunal in India.
Includes civil, criminal, or administrative matters.
Not a Matter of Right:
SLA is not automatic; it is a special privilege granted by the Supreme Court.
Purpose:
Ensures justice in exceptional cases where the legal remedies available under ordinary appeal procedures are inadequate.
Exceptional Relief:
Primarily used to correct miscarriage of justice, maintain rule of law, and prevent gross injustice.
Case Law Related to Article 136:
S.P. Gupta v. Union of India (1981)
Supreme Court emphasized that SLA under Article 136 is entirely discretionary.
It is granted only in cases where substantial questions of law or gross injustice arise.
Ashok Kumar Gupta v. State of Rajasthan (1992)
Court held that SLA can be used to prevent abuse of process or gross miscarriage of justice.
Rural Litigation and Entitlement Kendra v. State of U.P. (1985)
SLA was used in environmental law matters to correct violations and ensure public interest protection.
P. Ramachandra Rao v. State of Karnataka (2002)
Court clarified that SLA cannot be invoked merely for re-examining facts; it is primarily to address errors of law or substantial injustice.
Significance of Article 136:
Ensures Justice:
Provides a safety valve in the judicial system to correct exceptional wrongs.
Strengthens Supreme Court’s Role:
Enhances the Supreme Court’s supervisory role over all courts and tribunals in India.
Flexibility in Jurisdiction:
SLA can be granted even in cases where no statutory appeal exists, making it a unique constitutional remedy.
Conclusion:
Article 136 empowers the Supreme Court to grant special leave to appeal in extraordinary circumstances, ensuring that justice is served even in exceptional cases. It is a discretionary remedy, used sparingly to correct gross injustice, abuse of process, or errors of law. Landmark judgments like S.P. Gupta v. Union of India and P. Ramachandra Rao v. Karnataka clarify that it is not an ordinary appellate remedy but a safeguard for justice.
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