What is Article 136?

By Ritesh|Updated : September 7th, 2022

Article 136 addresses the Supreme Court's exceptional leave to appeal. It means that every judgment rendered by any court or tribunal may be appealed within the boundaries of India. The Supreme Court is authorized to grant the special leave at its discretion (except for military tribunal and court-martial).

Article 136 - Special Leave Petition

  • The authority granted by Article 136 is more significant than that given by Article 134A.
  • The High Court issues certificates under section 134A that permit an appeal to the Supreme Court.
  • The Supreme Court clarified in the case of Pritam Singh v. State that this power should only be used in rare circumstances.
  • The ability to give special leave comes under this.
  • The court's authority is solely at its discretion.
  • The court may use this discretion when the fundamental principles of justice are broken and the lower court erred by failing to follow the law and the parties.
  • Because there is no established norm dictating when the authority granted by Article 136 may or may not be used.
  • It gives the Supreme Court discretion over it.

Summary:

What is Article 136?

The Supreme Court's unusual leave to appeal is covered in Article 136. The Supreme Court is empowered to grant special permission to appeal any decision made by any court or tribunal within the borders of India. It means that every judgment rendered by any court or tribunal may be done (except military tribunal and court-martial).

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