Article 136 Explained: The Constitutional Basis of SLPs

Article 136 of the Indian Constitution holds a pivotal place in the legal landscape of India, granting the Supreme Court the power to hear appeals against any judgment, decree, or order passed by any court or tribunal. This discretionary provision allows the Apex Court to dispense justice even when no direct appeal is allowed by law. But what exactly does it mean for the common man? What is Article 136 of the Indian Constitution? How to file a Special Leave Petition in Supreme Court? This blog, titled Article 136 Explained, seeks to demystify these questions.

At Vera Causa Legal, our aim is to make constitutional law accessible and actionable for our clients. Whether you are looking to challenge a High Court order or explore legal recourse in the Supreme Court, understanding Article 136 is essential. Let us dive into the constitutional, procedural, and practical aspects of this Article, including who can file SLP in India and the grounds under which the Supreme Court exercises its jurisdiction.

What is Article 136 of the Indian Constitution?

Article 136 of the Constitution provides for the discretionary power of Supreme Court to grant “special leave” to appeal against any order passed by any court or tribunal in India, except military tribunals or court-martial.

Key Elements of Article 136 Explained

• It empowers the Supreme Court to intervene in cases where there is no statutory right to appeal.
• It ensures access to constitutional remedies in exceptional situations.
• It serves as a vital pillar in the appellate jurisdiction of the Supreme Court.

This provision is not a matter of right but of privilege, subject to the Court’s discretion. The difference between appeal and SLP lies in this very discretion. While appeals are statutory, SLPs are constitutional remedies.

Understanding Special Leave Petition (SLP)

Definition

A Special Leave Petition (SLP) is a request made to the Supreme Court seeking special permission to be heard in appeal against any judgment or order passed by any lower court or tribunal.

Who Can File SLP in India?

Any aggrieved party can file an SLP under Article , provided they can prove a grave miscarriage of justice or gross violation of fundamental rights.

Legal Procedure for Filing SLP in India

• Drafting the petition with relevant facts, grounds, and legal contentions.
• Submission within 90 days from the date of judgment.
• Inclusion of certified copy of the judgment, affidavit, and Vakalatnama.
• Paying court fees and registering the petition.

Supreme Court Powers Under Article 136

The Supreme Court, through Article 136 Explained, has exercised this power in cases involving substantial questions of law, human rights violations, and public interest litigations. It enhances the Indian Judiciary powers to correct injustices even when other legal avenues are closed.

Scope of This Article

• Can override procedural limitations of other statutes.
• Applies across all civil, criminal, and constitutional matters.
• Acts as a safeguard for the rule of law.

Difference Between Appeal and SLP

While both are methods of judicial review, an appeal is a statutory right conferred by law. An SLP under Article is a constitutional remedy that is purely discretionary.

When Can SLP Be Rejected?

Not all SLPs are entertained. Here are a few reasons why they might be dismissed:

• Lack of substantial legal question.
• Delay in filing without sufficient cause.
• Absence of grave injustice or constitutional breach.
• SLP grounds under Article 136 not clearly established.

The Court follows strict scrutiny before granting leave to ensure only meritorious cases reach further stages.

Judicial Review and Landmark Judgments

Judicial review under Article Explained has played a transformative role in shaping Indian jurisprudence.

Landmark Judgments

• Pritam Singh v. State (1950): Laid the foundation for interpreting Article 136 as a discretionary power.
• Kunhayammed v. State of Kerala (2000): Clarified the scope of rejection vs dismissal of SLPs.
• Union of India v. Raghubir Singh (1989): Emphasized on maintaining the sanctity of finality in judgments.

These cases illustrate how the discretionary power of Supreme Court under Article 136 has evolved with time.

Article 136 vs Article 226

How Does Article 136 Work in Practice?

In practice, Article 136 serves as a final safeguard against judicial errors. The Court grants leave only when it believes that the justice delivery system has been compromised. Article Explained in real-life means access to the highest court when all else fails.

Local Expertise: Filing SLP in Supreme Court from Anywhere in India

If You’re in Delhi / NCR:

• File SLP in Supreme Court Delhi with guidance from a constitutional lawyer in Delhi.
• Consult Article 136 expert in Noida for document preparation.
• Get legal advice on Article 136 in NCR from Vera Causa Legal, the constitutional law firm in Delhi.

In Mumbai, Bangalore, Kolkata, Chennai:

• Find Article 136 lawyer in Mumbai or SLP advocate in Chennai.
• Use SLP filing services Bangalore for remote representation.
• Take help for constitutional litigation in Kolkata.

Pan-India Help:

• Legal help for Article across India is available.
• File SLP from any state in India with our nationwide associate network.
• Get Supreme Court legal representation India through Vera Causa Legal.
• Ask our team how to approach SC under Article.

Conclusion: Why Article 136 Still Matters

Article 136 Explained shows how a single provision in the Indian Constitution ensures that no injustice goes unchallenged. It is not a right but a lifeline, invoked only when grave injustice needs to be corrected. It is the ultimate check on power and a safeguard for democracy.

From understanding the difference between appeal and SLP to knowing who can file SLP in India, the journey under Article is complex but vital. The Supreme Court powers under Article , exercised judiciously, form the backbone of India’s commitment to constitutional justice.

If you seek to file an SLP or need legal advice on Article , consult Vera Causa Legal, your trusted constitutional law firm in Delhi and Noida.