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Difficulty: MediumIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

With reference to the Appellate Jurisdiction and Special Leave Petitions (SLP) under Article 136 of the Constitution of India, consider the following statements:
1. 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 by any court or tribunal in the territory of India.
2. The provisions of Article 136 do not apply to any judgment, determination, sentence, or order passed by any court or tribunal constituted under any law relating to the Armed Forces.
3. Special Leave Petitions can only be entertained against final orders of a High Court and cannot be granted against interlocutory or interim orders.

Which of the statements given above are correct?

  1. 1 and 2 onlyAnswer
  2. B
    1 and 3 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

Statements 1 and 2 only are correct.
The correct option is the one stating that only 1 and 2 are correct. Article 136(1) authorizes the Supreme Court to grant special leave to appeal against any judgment, decree, determination, or order of any court or tribunal in India. Article 136(2) explicitly excludes military tribunals from this provision. Statement 3 is false because Article 136 extends to both final and interlocutory/interim orders.

Step-by-Step Solution

1
Analyze Statement 1 regarding the scope of Article 136(1)
Article 136(1) gives plenary discretionary power to the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed by any court or tribunal in India.
This establishes the wide constitutional scope of Special Leave Petitions.
2
Analyze Statement 2 regarding the exception under Article 136(2)
Article 136(2) explicitly states that Article 136(1) shall not apply to any judgment, determination, sentence, or order passed by any court or tribunal constituted by or under any law relating to the Armed Forces.
Courts-martial and military tribunals are specifically exempted from Article 136 jurisdiction.
3
Analyze Statement 3 regarding final versus interlocutory orders
Article 136 applies to 'any judgment, decree, determination, sentence or order', which means it covers both final judgments as well as interlocutory orders.
Unlike regular constitutional appeals under Articles 132 or 133 which require final orders, Article 136 is an extraordinary discretionary remedy not limited to final orders.

Key Concept

Discretionary Jurisdiction of the Supreme Court under Article 136 (Special Leave Petition)
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Topics

Indian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

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