What is Article 136 of Indian Constitution – Defination & Meaning

Article 136: Special leave to appeal by the Supreme Court (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant
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Article Number

136

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Part V – The Union

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Bare Acts Text

Article 136: 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
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Full Definition & Explanation

Article 136 of the Indian Constitution gives the Supreme Court the power to grant special leave to appeal. This means that if a person is unhappy with a decision made by a lower court or tribunal, they can ask the Supreme Court to hear their case. This article ensures that even if a case does not fall under the usual grounds for appeal, the Supreme Court can still choose to hear it. This discretion allows the Supreme Court to take on cases that may have broader implications for justice or constitutional rights. The article specifically mentions that its provisions do not apply to judgments made by military courts or tribunals related to the Armed Forces. This exception helps maintain discipline and order within the armed forces, recognizing their unique needs for swift justice. However, civilians or cases not involving military law can seek relief through this article, providing a pathway to the highest court in India when lower courts may have failed to deliver justice. In practice, Article 136 plays a major role in protecting individual rights. For instance, if a lower court’s decision seems unjust or if there are questions of law that need clarification, the Supreme Court can step in. It acts as a safety net for citizens, ensuring that critical legal questions can be addressed at a higher level. The ability to appeal to the Supreme Court is a strong feature of the Indian legal system, highlighting the judiciary’s role in upholding justice and the Constitution.

Historical Context

Article 136 was included in the Constitution when it was adopted in 1950. During the Constituent Assembly debates, the framers of the Constitution emphasized the need for a robust judicial system to protect citizens’ rights. This article was designed to empower the Supreme Court to intervene in cases where lower courts may have erred, ensuring justice can be served. It has remained unchanged, reflecting the founders’ intent to empower the Supreme Court. Landmark cases like ‘Keshavananda Bharati v. State of Kerala’ in 1973 demonstrated how Article 136 can allow the Supreme Court to uphold fundamental rights and address major legal questions.

Key Features

– The Supreme Court can grant special leave to appeal from lower court decisions.
– It applies to judgments from any court or tribunal in India.
– Decisions from military courts are excluded from this provision.
– The Supreme Court has complete discretion to accept or deny appeals.
– This article helps protect citizens’ rights through judicial review.

Importance & Impact

– It allows citizens to challenge lower court decisions in the Supreme Court.
– This provision promotes access to justice for individuals across India.
– The Supreme Court can address broader legal questions through this article.
– It acts as a check on lower courts’ decisions and interpretations.
– The article strengthens the rule of law in the Indian judicial system.

Sample UPSC Question

Consider the following statements regarding Article 136 of the Indian Constitution: 1. It allows the Supreme Court to grant special leave to appeal. 2. It applies to judgments made by military courts. 3. The Supreme Court has discretion in granting appeals under this article. Which of the above statements is/are correct? A) 1 only B) 1 and 3 only C) 2 and 3 only D) All of the above. Analyze the implications of these statements on justice delivery in India.

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct — Article 136 grants discretionary special leave power. Statement 2 is wrong — Article 136 expressly excludes courts or tribunals constituted under laws relating to the Armed Forces; military tribunals cannot be appealed. Statement 3 is correct — Article 136 covers all courts and tribunals (except military). Statement 4 is correct per Pritam Singh v. State (1950).

Key Takeaways

✓ Article 136 allows appeals to the Supreme Court for justice.
✓ It excludes military court decisions from its scope of applicability.
✓ The Supreme Court has discretion in hearing cases under this article.
✓ This article ensures protection of individual rights and justice.
✓ It plays a key role in preserving the rule of law.

FAQs

Article 136 allows individuals to seek special leave to appeal to the Supreme Court against decisions made by lower courts. This means if someone believes a lower court’s decision is wrong, they can request the Supreme Court to review it. This process provides an key opportunity for justice in cases that might otherwise be overlooked.

Yes, Article 136 does not apply to judgments made by military courts. This exception is key because military courts operate under different rules and serve specific needs of the Armed Forces. It helps maintain discipline and order within military justice systems, ensuring that military personnel are tried by their peers with appropriate legal frameworks.

Article 136 impacts justice by allowing the Supreme Court to review lower court decisions. This ensures that if a lower court makes an error, there is a higher authority to address it. It provides a mechanism for correcting judicial errors, protecting individual rights and upholding the legal framework of the country.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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