Special Leave Petition (Article 136) in Constitution of India

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Introduction:

Our Constitution has been called the lengthiest one among all the country’s constitutions. As we know it has been divided into different parts which categorizes all the Articles into specific titles. There are many provisions which are made for the welfare of the citizens of India in one or the other. Fundamental Rights are one such example that no one can take away from any individual. This shows the broadness and sacredness of the Constitution.

A special Leave Petition is one such mentioned in the constitution for making work easy for all citizens who are not in a condition to approach the court easily or shortly approach court they use this technique. The Constitution of India under Article 136 vests the Apex Court with an extraordinary power to award special leave to plea against every order or verdict decree in every issue or the verdict given or passed by any tribunal or court in India. Article 136 confers a special jurisdiction on the supreme court. It opens a non-obstante clause. “Special leave petition” or SLP hold a prime place in the Indian judicial system. It provides the aggrieved party special permission to be heard in Apex court in an appeal against any judgment or order of any Court/tribunal in the territory of India.

In the upcoming sections, we’ll study more about SLP closely. The main point which will be focused on will that whether it is helpful for people or not or is it just making things more complicated like other provisions in the Constitution.

What is Special Leave Petition?

 “(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 on made by any court or tribunal constituted by or under any law relating to the Armed Forces.”[1]

According to Article 136 (1), the Supreme Court is empowered to grant, in its discretion, special leave to appeal from any judgment, decree, determination, sentence or order in any case or matter passed or made by any court or tribunal in the territory of India. Article 136 (2), however, excludes from the purview of the Supreme Court any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to armed forces[2].

The Supreme Court of india which is established under Art. 124 of the constitution, exercises jurisdiction, which is wider than that of most Apex courts in the world. Our Supreme Court has the most extensive jurisdiction of any final Court in the world[3]. Unlike most Constitution [4], the constitution of India does not create different Apex Courts in respect of different areas of law.

The Supreme Court under Article 136(1) can hear appeals in cases in which the conditions mentioned under Arts. 132 to 134-A are not fulfilled, or where the HC refused to grant ‘certificate of fitness’ under Article 132,133,134. [5]

The Constitution of India, under article 136, gives the Supreme Court the power to grant special permission or leave to an aggrieved party to appeal against an order passed in any of the lower courts or tribunals in India[6].

By Special leave petition the aggrieved party may file a petition to higher court in opposition to the verdict being given by a tribunal or a lower court. The Special leave petition is only granted when there exists a question of law as well as public interest.

The party while going for an SLP has to submit a short summary of the relevant issues and facts that occurred during the case and should also mention the date in chronological order in which the events happened. The summary should also include the question of law that a party (aggrieved party) has, these questions must be related to certain laws and should be related to general public too.

If the appeal is accepted and registered, depends upon the discretion of court, the aggrieved party gets the chance to be heard before the court. On depending the qualities and merits of the suit the court will issue a notice against the respondent to issue a counter-affidavit to this suit. It is the occasion, when the Apex Court decides whether to grant SLP or not[7], if Granted the case will be converted into a civil suit and hearing will begin from beginning.

The Apex court may change the previous verdict, may give some additions to it or fix with the earlier judgment. The Supreme Court also has the power to send back the suit or appeal to lower or subordinate courts if court thinks that some issue are left undiscussed.

The Supreme Court’s judgment is declared as law of the land and is binding on all courts in India.[8]

Usually petitioner gets the opportunity to file a SLP before Supreme Court within 90 days, however the court may increase this time period on its discussion.

Essentials in SLP:

·       Special Leave petition can be filed in subsequent situation: SLP can be filed against any judgment or decree or order of any High Court /tribunal in the territory of India. Or, SLP can be filed in case the High court refuses to grant the certificate of fitness for appeal to Supreme Court of India[9].

·     Time period in which SLP can be filed: Special leave petition can be filed within 60 days if HC refuses to grant the fitness certificate to plea to higher authority. Though normally Special leave petition can be filed before or within 90 after the verdict or order of High court.

·      Special leave petition can be filed by: Any petitioner or aggrieved(suffered) party against the verdict of High court or subordinate court or when high court refuses to issue fitness certificate, but it should be filed within prescribed time.

·       Contents of Special Leave Petition: The party while going for an SLP has to submit a short summary of the relevant issues and facts that occurred during the case and should also mention the date in chronological order in which the events happened. The summary should also include the question of law that a party (aggrieved party) has, these questions must be related to certain laws and should be related to general public too.

The scope of Article 136 (1) is very wide and comprehensive and it invests the Supreme Court with a plenary jurisdiction to hear appeals. Its broad and overriding nature will be evident from its following features:[10]

·       (1) Under it, in suitable cases. Supreme Court can even disregard the limitations contained in Articles 132 to 134 on its appellate Jurisdiction and hear appeals which it could not otherwise hear under these Articles.[11]

·       (2) Articles 132 to 134 deal with the right of appeal against final decision of the High Courts. Article 136 (1), on the other hand, uses the words, “any court” and thus empowers the Supreme Court to grant special leave to appeal from judgments not only of High Courts but also from lower courts in India, even without having the recourse to the usual procedure of filing an appeal in the High Court.[12] In Rajendra Kumar v. State[13], the Supreme Court heard an appeal from the decision of the Chief Judicial Magistrate. The appellant did not go to the High Court but came straight to the Supreme Court. The Supreme Court did however observe that it does not ordinarily entertain such petitions.

·       (3) The word, “order” In Article 136 (1) has not been qualified by the adjective “final”. It is thus clear that the Supreme Court can hear an appeal even from Interlocutory order.

·       (4) Article 136 (1) does not define the nature of proceedings from which Supreme Court may hear appeals. Therefore, such appeals may be heard by the court in any kind of proceedings, whether civil, criminal, or relating to Income Tax, labour disputes, etc.

·       (5) Article 136 (1) confers on the Supreme Court power to grant special leave against orders and determination, etc. of any tribunal, which is very important aspect as a matter of right of the Supreme Court.

·       (6) Under Article 136 (1), the Supreme Court may hear appeal even though the ordinary law pertaining to the disputes, makes no provision for such an appeal.

·     (7) Being a jurisdiction conferred by the Constitution, it cannot be touched by ordinary legislative process. It can be affected only by constitutional process.

·       (8) The scope of this special appellate jurisdiction of the Supreme Court is very flexible. The matter lies within complete discretion of the Supreme Court[14].

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[1] Article 136 of Indian Constitution

[2] See, The Hindu(Int’l Ed.), Sept.4, 1982 p.7

[3] Seervai, constitutional law of India, 4^th Ed.Vol.3, Universal Book Traders,p.2862

[4] The constitution of France, Italy, Russia, Germany etc.

[5] Achyut v.state of West Bengal, AIR 1963 SC 1039

[6] Delhi judicial service Assn. v. state of Gujarat, AIR 1991 SC 2176

[7] Pritam singh v. State, AIR 1950 SC 169: 1950 SCR 453

[8] Article 141 of the Indian Constitution

[9] Manikchand v. Elias, AIR 1969 SC 751

[10] Jagdish Chanana v. State of Haryana, (2008) 15 SCC 704

[11] Delhi judicial service Assn. v. state of Gujarat, AIR 1991 SC 2176

[12] M.P Jain, Indian Constitutional Law, 7^th Ed., Lexis Nexis,p.229-

[13] AIR 1980 SC 1510

[14] M.P Jain, Indian Constitutional Law, 7^th Ed., Lexis Nexis,p.229-231