Actual Article
Article 136: Special leave to appeal by the Supreme Court
- Special Leave to Appeal:
- 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.
- Exclusion of Military Courts and Tribunals:
- 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.
UPSC Notes for Article 136
Explanation:
- Special Leave to Appeal:
- The Supreme Court has the discretionary power to grant special leave to appeal against any judgment, decree, determination, sentence, or order made by any court or tribunal in India.
- This power is overarching and can be invoked in any type of case, whether civil, criminal, or otherwise.
- Exclusion of Military Courts:
- This special leave jurisdiction does not apply to decisions made by military courts or tribunals established under laws related to the Armed Forces.
- Ensures that military justice is administered within its own legal framework without interference from the civilian judiciary.
Key Points:
- Discretionary Power: Grants the Supreme Court the flexibility to intervene in any case it deems fit, ensuring justice is served in exceptional cases.
- Broad Jurisdiction: Allows the Supreme Court to address any judicial or quasi-judicial decision, providing a wide safety net for justice.
- Military Justice: Maintains a separation between civilian and military judicial systems, respecting the unique nature of military law.
Important Cases and Commissions Related to Article 136
Cases:
- Bachhan Singh vs. State of Punjab (1980): The Supreme Court used its special leave jurisdiction to review the death penalty, highlighting its power under Article 136 to address grave matters of justice.
- S.P. Gupta vs. Union of India (1981): Known as the Judges’ Transfer Case, it demonstrated the Supreme Court’s use of special leave to address issues of judicial independence and transfer of judges.
Commissions:
- Law Commission of India: Various reports have examined the scope and use of the Supreme Court’s special leave jurisdiction, recommending ways to manage its broad discretionary power.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested measures to streamline the use of special leave to ensure it is exercised judiciously and efficiently.
Previous Year Prelims Questions Related to Article 136
- (UPSC Prelims 2017) Under Article 136, the Supreme Court has the power to grant special leave to appeal against:
- A. Any judgment, decree, determination, sentence, or order of any court or tribunal in India, except those related to the Armed Forces.
- B. Only civil matters
- C. Only criminal matters
- D. Only High Court judgments Correct Answer: A. Any judgment, decree, determination, sentence, or order of any court or tribunal in India, except those related to the Armed Forces.
- (UPSC Prelims 2019) Which of the following is excluded from the Supreme Court’s special leave to appeal jurisdiction under Article 136?
- A. High Court judgments
- B. Civil Court orders
- C. Military Court judgments
- D. Tribunal decisions Correct Answer: C. Military Court judgments
Previous Year Mains Questions Related to Article 136
- Mains 2016: “Discuss the significance of Article 136 in the context of the Supreme Court’s discretionary power to grant special leave to appeal. How does this provision ensure justice in exceptional cases?”
- Mains 2019: “Analyze the impact of Article 136 on the Indian judicial system. How does the Supreme Court’s power of special leave to appeal contribute to the administration of justice?”
Additional Insights:
- Ensuring Justice: Article 136 acts as a guardian of justice, allowing the Supreme Court to step in when lower court decisions warrant further scrutiny to prevent miscarriages of justice.
- Judicial Oversight: The broad discretionary power helps maintain oversight over the judicial system, ensuring that legal errors or significant injustices can be corrected.
- Balancing Act: While Article 136 provides extensive powers, it also requires the Supreme Court to balance the use of its discretion to avoid overburdening itself with appeals and maintaining focus on truly exceptional cases.
Understanding Article 136 is crucial for UPSC aspirants as it outlines the Supreme Court’s discretionary power to grant special leave to appeal, ensuring a comprehensive understanding of the constitutional provisions that support the judiciary’s role in upholding justice in India. This knowledge is essential for both preliminary and main examinations, offering insights into the flexibility and scope of judicial review in the Indian legal system.