Article 136 — Special Leave to Appeal to the Supreme Court

Section Text

Article 136 of the Constitution of India provides:

(1) 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.

(2) 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.

Plain Language Explanation

Article 136 is an extraordinary provision that gives the Supreme Court of India a residual and overarching appellate jurisdiction. It is the constitutional basis for the Special Leave Petition (SLP), which is the most common pathway through which cases reach the Supreme Court.

In simple terms, Article 136 says that the Supreme Court can grant permission to hear an appeal against any decision of any court or tribunal in India, regardless of whether a regular right of appeal exists under any statute. The key word is "discretion" — the Supreme Court is not obligated to grant leave in every case. It exercises this power selectively, typically when a substantial question of law is involved, when there has been a grave miscarriage of justice, or when the case raises issues of general public importance.

The breadth of Article 136 is remarkable. It covers judgments, decrees, determinations, sentences, and orders — essentially any judicial or quasi-judicial decision. It applies to civil courts, criminal courts, High Courts, tribunals, and any other adjudicatory body in India, with the sole exception of military tribunals (excluded by Article 136(2)).

SLPs constitute the largest category of cases filed before the Supreme Court. They are the mechanism through which the Supreme Court exercises its supervisory role over the entire judicial system, correcting errors of law, resolving conflicts between High Courts, and ensuring uniformity in the interpretation of law across the country.

Key Elements

**1. Discretionary Power**

The Supreme Court's power under Article 136 is entirely discretionary. The word "may" in the provision makes it clear that granting special leave is not a matter of right but of judicial discretion. The Court exercises this discretion judiciously, granting leave only when it perceives that the interests of justice require its intervention.

**2. Scope — Any Court or Tribunal**

Article 136 covers decisions of any court or tribunal in India. This includes the High Courts, district courts, family courts, labour tribunals, tax tribunals, consumer forums, and virtually every adjudicatory body. The only exception is courts or tribunals constituted under laws relating to the Armed Forces.

**3. Any Judgment, Decree, or Order**

The words used are comprehensive — "judgment, decree, determination, sentence or order in any cause or matter." This covers final orders, interlocutory orders, and even orders that may not be appealable under the ordinary law.

**4. Grounds for Grant of Leave**

While the Constitution does not specify grounds, the Supreme Court has developed principles through case law. Leave is generally granted when: a substantial question of law of general importance arises, there is a gross miscarriage of justice, the decision below is manifestly wrong, there is a conflict of judicial opinion among High Courts, or the matter involves interpretation of the Constitution.

**5. Exception — Armed Forces Tribunals**

Article 136(2) excludes decisions of courts or tribunals constituted under laws relating to the Armed Forces. However, the Supreme Court's jurisdiction under Article 32 (for fundamental rights) remains unaffected, and the constitutional validity of this exception has been subject to judicial commentary.

Practical Application

**Filing an SLP**: An SLP is filed before the Supreme Court, typically after the High Court or the relevant appellate forum has decided the matter. The petition must demonstrate why the Supreme Court should exercise its discretionary jurisdiction — it must raise a substantial question of law, show a manifest injustice, or identify an issue of general importance.

**Time Limits**: While Article 136 itself does not prescribe a limitation period, the Supreme Court Rules require SLPs to be filed within 90 days from the date of the impugned order in civil matters and within 60 days in criminal matters. Condonation of delay can be sought but is granted only for sufficient cause.

**Two-Stage Process**: The SLP process involves two stages. First, the Supreme Court considers whether to grant leave (the "leave stage"). If leave is granted, the SLP is converted into a civil appeal or criminal appeal, and the matter is heard on merits. Many SLPs are dismissed at the leave stage itself.

**Interim Relief**: The Supreme Court can grant interim relief, including stays of the impugned order, at the time of issuing notice on the SLP or even at the leave stage if the circumstances warrant urgent intervention.

**Not a Regular Appeal**: An SLP is not a fourth instance of appeal. The Supreme Court does not ordinarily re-examine facts found by the courts below. It intervenes primarily on questions of law, though exceptional circumstances may justify a re-examination of facts.

Important Judgments

**1. Kunhayammed v. State of Kerala (2000) 6 SCC 359**

The Supreme Court clarified the effect of dismissal of an SLP. Dismissal at the leave stage (without issuing notice) does not constitute a decision on merits and does not operate as a precedent. It merely means the Court chose not to exercise its discretion. However, if the SLP is entertained, argued on merits, and dismissed, the decision has precedential value.

**2. Mathai @ Joby v. George (2010) 4 SCC 358**

The Court reiterated that Article 136 does not confer a right of appeal on any party. It confers a discretionary power on the Supreme Court to grant special leave. The Court observed that it interferes only to prevent grave and substantial injustice and to correct serious errors of law.

**3. Pritam Singh v. The State (1950) SCR 453**

An early case where the Supreme Court outlined the broad principles governing the exercise of power under Article 136, including that it would not ordinarily interfere with concurrent findings of fact by the courts below unless there is a manifest error or a substantial question of law.

**4. Narpat Singh v. Jaipur Development Authority (2002) 4 SCC 666**

The Supreme Court held that Article 136 is a corrective jurisdiction and not merely an appellate jurisdiction. It is meant to correct manifest injustice, resolve important questions of law, and ensure uniformity across the judicial system.

**5. Tirupati Balaji Developers Pvt. Ltd. v. State of Bihar (2004) 5 SCC 1**

The Court held that the discretion under Article 136 must be exercised sparingly and with caution. The Supreme Court does not sit as a court of appeal on facts. Its intervention is warranted only when there are extraordinary or special circumstances.

Frequently Asked Questions

What is the difference between an SLP and a regular appeal?

A regular appeal is a statutory right — it is available when a law specifically provides for an appeal from a particular order to a particular court. An SLP, on the other hand, is an extraordinary remedy. It is not a matter of right but depends on the Supreme Court's discretion. The Supreme Court grants special leave only when a substantial question of law, a grave miscarriage of justice, or an issue of general importance is involved. An SLP can be filed against any order of any court or tribunal, whereas a regular appeal is limited to the orders and courts specified by the relevant statute.

Can an SLP be filed against an interlocutory order?

Yes. Article 136 covers "any judgment, decree, determination, sentence or order," which includes interlocutory orders. However, the Supreme Court is generally reluctant to entertain SLPs against interlocutory orders, as doing so could fragment the proceedings in the court below and cause delay. The Court typically entertains SLPs against interlocutory orders only when the order causes serious prejudice that cannot be remedied later or when a fundamental right is at stake.

What happens if the Supreme Court dismisses an SLP?

If the SLP is dismissed at the leave stage (without issuing notice or without detailed reasons), it means the Court has declined to exercise its discretionary jurisdiction. Such dismissal does not constitute a decision on the merits and does not operate as a binding precedent. However, if the SLP is converted into an appeal, heard on merits, and then dismissed, the decision is a binding precedent under Article 141.

Can an SLP be filed against a decision of a tribunal?

Yes. Article 136 expressly covers decisions of tribunals in addition to courts. This includes tax tribunals, labour tribunals, consumer forums, the National Company Law Tribunal (NCLT), and virtually any other tribunal in India. The only exception is courts or tribunals constituted under laws relating to the Armed Forces, which are excluded by Article 136(2).

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*This content is for educational and informational purposes only and does not constitute legal advice. For guidance on specific situations, consulting a qualified legal professional is recommended.*