Nature and Scope of Article 136 of the Constitution


Introduction 

The judiciary plays the very important role of interpreting and applying the law and adjudicating the cases. It is the function of the courts to maintain rule of law in the country and to assure that the government and authorities runs according to law.

In a federation, the Judiciary has another meaningful assignment, namely, to decide controversies between the constituent State, as well as between the Centre and the States. In India, the judiciary also has the significant function of protecting and enforcing the Fundamental Rights of the people.

The Supreme Court of India is the Apex Court and is the final interpreter of the Constitution and laws. Article 124(1): "There shall be a Supreme Court of India consisting of a Chief Justice of India and , until Parliament by law prescribes a larger number, of not more than seven other Judges". 

Indian Constitution provide appellate jurisdiction of Supreme Court under Article 136. By the virtue of this article Supreme Court can grant special leave to appeal from any judgement, decree, order, determination etc. passed by the any Tribunal or Court. 


Special Leave Petition 


Article 136 read as "Special leave to appeal by the Supreme Court-

(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."

Nature of SLP 


The Supreme Court has define or explain the nature and scope of Article 136 by various judgments which laid down the limits within which it exercise its power under this Article. Such as: 

(1). Narpat Singh v. Jaipur Development Authority (2002) 4 SCC 666, at 674

 
    "The exercise of jurisdiction conferred by Article 136 of the Constitution on this Court is discretionary. It does not confer a right to appeal on a party on a litigation; ot only confers a discretionary power of widest amplitude on this Court to br exercised sparingly the demands of justice." 

(2) Durga Shankar v. Ragu Raj AIR 1954 SC 520

"The power gives by Art. 136 of the Constitution however are in the nature of special or residuary powers which are exercisable outside the purview of the ordinary law, in case where the need of justice demand interference by the Supreme Court of India."

(3) M.C. Mehta v. Union of India (2004) 6 SCC 588, 613
  
The power has been held to be plenary. limitless, "adjunctive", and unassailable on the ground unconstitutionally, that the effect of judiciary discretion has to be exercised in accordance with law and set legal principles.

SLP Against Decree In Second Appeals

Om Prakash v. Lauti Ram, 

The Supreme Court stated that under Article 136 the Supreme Court will entertain an appeal against a decree passed in second appeal if a substantial question of law of general or public importance arises which may not only determine the dispute between the parties, but will be a precedent for guidance for determination of similar disputes in other cases.

 Conclusion 

SLP or Special Leave Petition played very important of the dispensation of justice from the apex court of India. The Supreme Court of India in its various judgement explain the scope of the Article 136 of the Constitution. 

 

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