Article 136

Background and evolution

The framers wanted the Supreme Court to have a residual power to correct grave injustice from any court or tribunal, even where no regular appeal was provided. Article 136 gives this power in very wide words. Unlike Articles 132 to 134, which set out appeals on certificates or as of right, Article 136 depends entirely on the Court's discretion.

Early judgments, such as Pritam Singh v. State (1950), said the power should be used sparingly and only in exceptional cases where special circumstances are shown and grave injustice has been done. Over time, however, special leave petitions became the main route by which cases reach the Supreme Court, and today they make up most of its docket.

Key features and provisions

• Two stages: at the first stage, the Court decides whether to grant leave; if leave is granted, the petition becomes a civil or criminal appeal and is heard on merits.
• Wide reach: includes interim orders and orders of tribunals such as tax, service and consumer bodies.
• No bar of finality: even where a law says a tribunal's order is final, Article 136 still applies, because it is a constitutional power.
• Exclusion: armed forces tribunals, though the Armed Forces Tribunal Act provides a separate appeal.
• Dismissal in limine: a non-speaking dismissal does not mean the Court has approved the lower court's reasoning (Kunhayammed, 2000).