Home The Constitution Part V Article 136

Art. 136 Part V: The Union

Special Leave to Appeal by the Supreme Court

Exact text — Constitution of India

(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.

In Plain English

What this Article actually means

This is one of the Supreme Court's most powerful and frequently-invoked provisions — a broad, DISCRETIONARY power to grant 'special leave to appeal' (SLP) from virtually ANY court or tribunal decision in India, regardless of whether the more specific appeal routes (Articles 132-134) technically apply. It's genuinely the Court's own choice whether to hear a particular SLP.

Why This Matters To You

How it shows up in everyday life

This is the Article behind the huge volume of 'Special Leave Petitions' that make up a substantial share of the Supreme Court's docket every year — it's the broadest, most flexible route for bringing a case to the Court's attention, though the Court exercises real discretion in deciding which SLPs to actually admit and hear.

Landmark Cases

How courts have interpreted this Article

Pritam Singh v. StateAIR 1950 SC 169 — One of the earliest rulings clarifying that Article 136's special leave power is meant to be used sparingly, in exceptional circumstances involving a substantial question of law or grave injustice — not as a routine, automatic further appeal from every case. Verify this case

Read alongside this one

Art. 226 — High Courts' Power to Issue Writs

Frequently Asked

Quick answers about Article 136

Is filing a Special Leave Petition the same as an automatic right to appeal?

No — it's entirely discretionary; the Supreme Court can (and very frequently does) simply decline to grant leave without giving detailed reasons, meaning most SLPs don't actually result in a full hearing on the merits.

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The text above reproduces Article 136 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.