What is Article 136 of indian constitution

 

Article 136 of the Indian Constitution

Title: Special leave to appeal by the Supreme Court

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📜 What Article 136 Says:

Article 136 empowers the Supreme Court of India to grant special leave to appeal against any judgment, decree, determination, sentence, or order from:

• Any court or tribunal in the territory of India,

• Except courts or tribunals related to the armed forces.

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✅ Key Provisions Explained:

1. Discretionary Power of Supreme Court:

   • The Supreme Court can choose to hear an appeal from any court or tribunal (except military tribunals), even if no appeal is provided by law.

   • This is called a Special Leave Petition (SLP).

2. Not a Right — It's a Privilege:

   • Parties cannot claim SLP as a right.

   • The Supreme Court may accept or reject the plea at its discretion.

3. Wide Scope:

   • Covers civil, criminal, constitutional, or administrative cases.

   • Can be invoked only in cases involving grave injustice, violation of law, or misuse of judicial power.

4. Exclusion Clause:

   • Article 136 does not apply to courts or tribunals established under laws related to the armed forces (e.g., military courts).

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🏛️ Why Article 136 Is Important:

• Gives the Supreme Court extraordinary powers to ensure complete justice.

• Acts as a safety valve against miscarriage of justice.

• Helps correct serious legal or constitutional errors made by lower courts or tribunals.

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🧾 Example:

If a person is convicted by the High Court and there's no further right to appeal, but they believe the judgment is unjust or unconstitutional, they can file an SLP under Article 136 before the Supreme Court.

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⚠️ Note:

• Article 136 is not meant for routine appeals.

• SC exercises this power very selectively and only when there are exceptional circumstances.

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Here is a summary table comparing Articles 131 to 136 of the Indian Constitution, which define the jurisdiction and appellate powers of the Supreme Court of India:

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📊 Comparison Table: Articles 131 to 136 – Supreme Court Jurisdiction

Article	Jurisdiction Type	Covers / Applies To	Conditions / Key Points
131	Original Jurisdiction	Disputes between Centre and State(s), or between States	Only SC can hear; must involve legal/constitutional rights
132	Appellate (Constitutional matters)	High Court → Supreme Court (civil/criminal/other)	Must involve substantial question of constitutional law; needs High Court certificate
133	Appellate (Civil matters)	High Court → Supreme Court	Involves substantial question of law of general importance; High Court certificate needed
134	Appellate (Criminal matters)	High Court → Supreme Court	For death sentence cases or if HC certifies fit for appeal; certificate under Art. 134A
135	Transitional Jurisdiction	Jurisdiction of Federal Court under pre-1950 laws	SC inherits Federal Court powers until Parliament changes it
136	Discretionary (Special Leave Petition - SLP)	Any case from any court or tribunal (except military)	Discretionary power of SC; can accept or reject any appeal in interest of justice

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🏛️ Key Notes:

• Articles 132–134 require High Court certification for appeal.

• Article 131 gives SC exclusive power — no other court can hear those disputes.

• Article 136 gives the SC the widest appellate power through Special Leave Petitions (SLPs) — a very commonly used route.

• Article 135 ensures continuity of old laws and powers post-Independence.

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