Special leave to appeal by the Supreme Court
Article 136 — Special leave to appeal by the Supreme Court
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 English Summary
This article gives the Supreme Court the power to decide whether a lower court's decision can be appealed directly to the Supreme Court. The Supreme Court can grant this "special leave" in its discretion, meaning it decides based on its judgment. This power is generally available for decisions made by any court or tribunal in India.
Key Points
- The Supreme Court has the power to grant special leave to appeal.
- This power applies to judgments, decrees, determinations, sentences, or orders from any court or tribunal in India.
- The decision of whether to grant leave is entirely at the discretion of the Supreme Court.
- This power does not apply to decisions made by courts established under laws relating to the Armed Forces.
Why It Matters
It provides a crucial mechanism for ensuring that important legal decisions can be reviewed by the highest court in the country, offering a final check on judicial proceedings.
Landmark Judgements
No major landmark judgements.