The Constitution of India
Article 136
Special leave to appeal by the Supreme Court
(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.
Why this exists
The framers wanted the Supreme Court to have a residual, flexible power to correct grave injustice or important legal errors even when no ordinary right of appeal existed, since India's court and tribunal system is vast and varied. This 'special leave' power was inspired by similar discretionary appellate powers the Privy Council once had over Indian courts during British rule. The Armed Forces exception was added because military justice was meant to remain a separate, self-contained system, generally outside ordinary civil appellate review.
How courts read it
The Supreme Court has repeatedly said Article 136 is an extraordinary, residuary power, to be used sparingly and only in exceptional cases involving substantial questions of law, gross injustice, or serious procedural failure — not as a routine fourth appeal. In cases like Pritam Singh v. State (1950) and Kunhayammed v. State of Kerala (2000), the Court clarified that granting special leave is discretionary and does not automatically create a right of appeal; the discretion must be exercised sparingly and cautiously. Courts have also held that once leave is granted, the matter is treated as a regular appeal, but merely dismissing a special leave petition does not always mean the Supreme Court agreed with the lower court's reasoning.
Common misconceptions
- Myth: Anyone who loses a case can automatically appeal to the Supreme Court under Article 136.
Fact: The Supreme Court explained (e.g., in Pritam Singh v. State, 1950) that Article 136 grants a discretionary power, not an automatic right — the Court chooses whether to hear the case. - Myth: Article 136 applies to military court decisions too.
Fact: Clause (2) expressly excludes judgments or orders from courts or tribunals constituted under laws relating to the Armed Forces.