Explain the power to grant Special Leave (SL) under Article 136 of the Constitution of India. Who can exercise this power? Are the provision of this Article applicable on Defense Personal?
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2019
Explain the power to grant Special Leave (SL) under Article 136 of the Constitution of India. Who can exercise this power? Are the provision of this Article applicable on Defense Personal?
Answer & Explanation:
Where a High Court refused to issue the required certificate to enable an aggrieved party to appeal to the Supreme Court against the judgment, order or sentence awarded by the High Court, the aggrieved party may petition to the Supreme Court for grant of special leave to appeal under Article 136 of the Constitution. Article 136 of the Constitution confers upon the Supreme Court power to grant special leave to appeal. Section 112 of the Code of Civil Procedure, 1908 keeps the powers of the Supreme Court under Article 136 of the Constitution to grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passed or made by any Court or tribunal in the territory of India, beyond the scope of the provisions of the Code. The Article lays down: Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passed or made by any Court or tribunal in the territory of India. 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. Therefore, the provisions of this Article are not applicable to Defence Personnel.
Topics: Constitutional Law
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