What is Article 136?

By Ritesh|Updated : November 22nd, 2022

Article 136 addresses the Supreme Court's exceptional leave to appeal. It indicates that every decision made by a court or tribunal may be challenged inside the borders of India. The Supreme Court has the discretion to grant the special leave (except for military tribunal and court-martial).

Article 136 in Constitution of India

On 6th June 1949 and 16th October 1949, the Constituent Assembly held discussions about Draft Article 112 (Article 136). The authority to grant special leave to appeal was defined. 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.
  • In the Pritam Singh v. State case, the Supreme Court made it clear that this power should only be exercised in exceptional circumstances.
  • This includes the capability to grant special leave.
  • The only source of the court's power is its own discretion.
  • When the fundamental rules of justice are violated and the lower court erred by failing to follow the law and the parties, the court may exercise this discretion.
  • No accepted standard exists that specifies when the power granted by Article 136 may or may not be used.
  • The Supreme Court is granted discretion in this matter.

Summary:

What is Article 136?

The mention of the unusual leave to appeal which is granted by the Supreme Court has been made in Article 136. Any judgment rendered by a court or tribunal located within the boundaries of India may be appealed with special permission granted by the Supreme Court. It implies that every decision made by any court or tribunal may be carried out (except military tribunal and court-martial).

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