What is Article 136 of the Constitution?

The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.

What is meant by special leave petition?

Special Leave Petitions in Indian Judicial System “Special leave petition” or SLP hold a prime place in the Indian judicial system. It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.

What is Article 137 of the Indian Constitution?

Article 137 Review of judgments or orders by the Supreme Court – Constitution Of India. Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.

What is the Article 139?

Article 139 empowers the Parliament to confer by law additional power on the Supreme Court to issue directions, orders or writs for purposes other than the enforcement of the fundamental rights something that was under the scheme of the Constitution reserved for the High Courts (Article 226).

What does Article 137 say?

Article 137 of the Constitution of India, 1950, provides that subject to provisions of any law and rules made under Article 145, the Supreme Court has the power to review any judgment pronounced or order made by it. The word “Review” in legal parlance connotes a judicial re-examination of the case.

Is Supreme Court Article 141 binding?

Article 141 of the Constitution of India stipulates that the law declared by the Supreme Court shall be binding on all Courts within the territory of India. Thus, the general principles laid down, by the Supreme Court are binding on each individual including those who are not a party to an order.

What is Article 140?

Ancillary powers of Supreme Court Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the …

What is Article 131 of the Indian Constitution?

Article 131 deals with the original jurisdiction of the Supreme Court to hear inter-State disputes or disputes involving any question of law or fact between the Government of India and States. [7]

What is the difference between Article 136 and article 134a?

The power vested under Article 136 is wider than the power granted under Article 134A. As per 134A, the High Court grants certificate making it fit to appeal to Supreme Court. In the case of Pritam Singh v State, the Supreme Court clarified the exercise of this power only in expectational cases and needs to be exercised sparingly.

What are the powers of the Supreme Court under Article 136?

(i) The powers of the Supreme Court under article 136 of the Constitution are very wide but in criminal appeals the Supreme Court does not interfere with the concurrent findings of the fact save in exceptional circumstances.

What is special leave to appeal under Article 136?

Under article 136, the Supreme Court, at its discretion, may grant special leave to appeal from any judgement, decree, determination, sentence or order, in any cause or matter passed or made by any court or tribunal in the territory of India.