- The Article 136 of the Constitution of India reads as under:
Art. 136. (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 judgement, determination, sentence or order passed or made by any Court or Tribunal constituted by or under any law relating to the Armed Forces.
- Thus Under Article 136 of the Constitution of India the Supreme Court shall have the power to grant special leave to appeal -
a) from any judgment, decree, determination, sentence or order,
b) in any cause or matter,
c) passed or made by any Court or Tribunal, in the territory of India.
- The power of the Supreme Court to grant special leave to appeal from the decision of any Court or Tribunal save military tribunals, is not subject to any constitutional limitation, and is left entirely to the discretion of the Supreme Court.
- Special Leave can be granted from orders of any Court or Tribunal even where there is an appeal to the High Court. The jurisdiction conferred by the Supreme Court is a plenary jurisdiction in the matter of entertaining and hearing appeals by granting special leave against any kind of the judgment or order made by the Court or Tribunal in any case or matter and the jurisdiction can be exercised inspite of other specific provision for appeal contained in the Constitution or other laws.
Effect of Dismissal of Special Leave Petition
- A mere dismissal of SLP does not mean that High Court decisions is approved on merits so as to be a judicial precedent. Thus such dismissal does not lay down any law.
- However, when Supreme Court dismisses an SLP with reason, it might be taken as the affirmation of the High Court views on merits of the case, thus there is no reason to dilute the binding nature of precedents in such cases.
- It is a settled law that when the SLP is dismissed, whether by a speaking or non-speaking order whether in limine or on contest, second SLP would not lie.
