Article 136 of the Indian Constitution is a unique and extraordinary provision that vests the Supreme Court of India with a vast, albeit discretionary, power to grant special leave to appeal from any order passed by any court or tribunal in the country. This article acts as a safety valve and a residuary reservoir of appellate power, allowing the Supreme Court to intervene in cases where there is a grave injustice or a substantial question of law needs to be settled, even if no other provision of the Constitution or law allows for an appeal.
It stands apart from the regular avenues of appeal to the Supreme Court provided by Articles 132, 133, and 134, which deal with appeals from High Courts based on constitutional, civil, or criminal matters, respectively. Article 136 is the widest possible amplitude, not restricted by the nature of the case (civil, criminal, revenue, etc.) or the status of the body whose decision is challenged (any court or tribunal).
Original Text
(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.
Detailed Explanation
Article 136 is a crucial pillar of the Indian judicial system, embodying the Supreme Court’s role as the ultimate guardian of justice. Let’s break down its components:
- “Notwithstanding anything in this Chapter”: This phrase signifies the overriding nature of Article 136 over the other provisions regarding appeals to the Supreme Court mentioned in Chapter IV of Part V (Articles 132, 133, 134, 134A). This means the Supreme Court can entertain an appeal under Article 136 even if the conditions for appeal under other articles are not met.
- “the Supreme Court may, in its discretion, grant special leave to appeal”: This is the core of the article. The power is entirely discretionary (“may”), not a right (“shall”). Granting “special leave” means the Court permits a party to appeal, which is a preliminary stage. Only after leave is granted does the matter proceed as an appeal. The Court is not bound to grant leave merely because there might be some error; the error must be substantial, leading to grave injustice or raising a significant legal question.
- “from any judgment, decree, determination, sentence or order”: This phrase covers virtually every form of decision rendered by a court or tribunal.
- Judgment: A final decision in a case.
- Decree: Formal expression of an adjudication by which the court conclusively determines the rights of the parties with regard to all or any of the matters in controversy.
- Determination: An authoritative decision or finding on a matter. Broader than judgment or decree, can include interlocutory orders or findings on specific issues.
- Sentence: Punishment awarded in criminal cases.
- Order: A formal direction of a court or tribunal; can be final or interlocutory. The inclusion of “any” before each term highlights the breadth of decisions that can be challenged.
- “in any cause or matter”: This further expands the scope to cover any type of legal proceeding, regardless of its subject matter (civil, criminal, tax, labour, administrative, etc.).
- “passed or made by any court or tribunal in the territory of India”: This is the widest net cast. It allows appeals from decisions of any judicial or quasi-judicial body functioning within India’s territory. This includes High Courts, subordinate courts, and crucially, tribunals. The power extends to tribunals performing judicial or quasi-judicial functions, but generally not purely administrative or executive bodies.
- Clause (2) - Exception: This clause specifically excludes decisions made by any court or tribunal constituted under any law relating to the Armed Forces. This means courts-martial and similar military judicial bodies are outside the purview of Article 136. This is due to the special nature and discipline of the armed forces.
In essence, Article 136 provides an exceptional and overriding power to the Supreme Court to interfere and correct grave errors or injustice committed by any court or tribunal below it, thereby ensuring that justice is not denied in deserving cases where normal appellate channels are unavailable or exhausted. It is a power to be exercised with caution and only in exceptional circumstances.
Detailed Notes
- Confers discretionary power on the Supreme Court of India.
- Allows the Supreme Court to grant “special leave” to appeal.
- Not an appeal as of right; depends entirely on the Court’s discretion.
- Can be granted against any decision: judgment, decree, determination, sentence, or order.
- Applicable to decisions made in any cause or matter.
- Applicable to decisions of any court or tribunal in the territory of India.
- This includes High Courts, subordinate courts, and various statutory/administrative tribunals performing judicial or quasi-judicial functions (e.g., Income Tax Appellate Tribunal, Central Administrative Tribunal, National Green Tribunal, etc.).
- Does not apply to purely administrative or executive decisions.
- It is an overriding provision (“Notwithstanding anything in this Chapter”) over other appeal provisions (Articles 132, 133, 134).
- Acts as a residuary power of appeal where other avenues are closed or inadequate.
- Purpose is to prevent grave injustice and settle substantial questions of law.
- It is an exceptional power to be used sparingly, not as a regular court of appeal.
- Principles for exercising discretion developed by the Supreme Court include cases involving:
- Grave miscarriage of justice.
- Violation of principles of natural justice.
- Substantial question of law requiring authoritative interpretation.
- Decision is perverse or based on no evidence.
- Punishment is excessive or unwarranted.
- Clause (2) explicitly excludes decisions by courts or tribunals related to the Armed Forces (e.g., courts-martial).
Additional Comments
- Article 136 is one of the most powerful provisions empowering the Supreme Court, giving it a supervisory role over the entire judicial and quasi-judicial system in India (except military tribunals).
- The power under Article 136 is extraordinary and not subject to any statute or constitutional limitation except the Court’s own discretion.
- The Supreme Court has emphasized that this power should be exercised only in exceptional cases and not for routine correction of errors of fact or law unless they have resulted in manifest injustice.
- The grant of special leave does not automatically mean the appeal will succeed; it merely allows the case to be heard on its merits by the Supreme Court.
- The term “tribunal” under Article 136 has been interpreted broadly by the Supreme Court to include bodies other than traditional courts that exercise judicial or quasi-judicial functions.
- This Article serves as a crucial check against arbitrary decisions by lower courts and tribunals and ensures the uniformity of law across the country through pronouncements of the apex court.
Summary
Article 136 grants the Supreme Court of India discretionary power to allow appeals from any decision (judgment, decree, determination, sentence, or order) made by any court or tribunal in India, excluding those of military courts. This power is extraordinary, overriding other appellate provisions, and intended for use in exceptional circumstances to prevent grave injustice or address substantial legal questions, not as a routine channel for appeal. It signifies the Supreme Court’s position as the ultimate custodian of justice, allowing intervention in any matter from any non-military judicial or quasi-judicial body within the country.