Constitution Section 136 — Special leave to appeal by the Supreme Court

Summary

The Supreme Court has the power to decide on its own whether to allow an appeal against any decision—such as a judgment, sentence, or order—made by any court or tribunal in India, even if other laws say otherwise. However, this power does not apply to decisions made by courts or tribunals that are set up under laws related to the Armed Forces.

Official Text

(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.

Related Judgments

• Sarojini Shetti vs Sudha wd/o Mohan S. Vernekar, ], and others., ], ….., Mr. R.A. Thorat — Bombay High Court (Mumbai Principal Seat) (2019)
• KUNHAYAMMED AND ORS vs STATE OF KERALA AND ANR — Supreme Court of India (2000)
• JANARDAN REDDY AND OTHERS vs THE STATE — Supreme Court of India (1950)
• KHODAY DISTILLERIES LTD. (NOW KNOWN AS KHODAY INDIA LIMITED) AND OTHER vs SRI MAHADESHWARA SAHAKARA SAKKARE KARKHANE LTD., KOLLEGAL (UNDER LIQUI — Supreme Court of India (2019)
• DELHI JUDICIAL SERVICE ASSOCIATION TIS HAZARI COURT, DELHI ETC. ETC. vs STATE OF GUJARAT AND ORS. ETC. ETC — Supreme Court of India (1991)
• NATIONAL COMMISSION OF WOMEN vs STATE OF DELHI & ANR — Supreme Court of India (2010)