Under what circumstances, the Supreme Court of India can entertain appeals in cases where law does not provide right to appeal?
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2016
Under what circumstances, the Supreme Court of India can entertain appeals in cases where law does not provide right to appeal?
Answer & Explanation:
Article 136 of The Constitution of India lays down the circumstances under which the Supreme Court can be approached for permission to file appeals in cases where law does not provide right to appeal. Such appeals are known as Special Leave Petition. The article lays down that: The Supreme Court may in its discretion grant special leave to appeal from any judgment decree determination sentence or order in any case or matter passed or made by any court or tribunal in territory of India. Such appeal can also be preferred in cases where the High Court refuses to grant certificate of fitness to appeal to the Supreme Court. This shall not apply to any judgment determination sentence or order passed or made by any court or tribunal constituted by or under any law relating to armed forces. In suitable cases where some arguable questions mainly on legal points are involved the Constitution confers under Article 136 wide discretionary powers on the Supreme Court to entertain appeal even in cases where an appeal is not otherwise provided for. But so far as questions of fact, as distinct from questions of law is concerned it is only in rare or exceptional cases that the Supreme Court interferes and that too when finding of the High Court or the lower court is such that it shocks the conscience of the court.
Topics: Constitutional Law
Related Questions in this Topic
- Distinguish between Writ of Habeas Corpus and Quo-warranto.
- Explain the power to grant Special Leave (SL) under Article 136 of the Constitution of India. Who can exercise this powe...
- What are the provisions in the constitution regarding filing of SLP ?
- Name and explain various types of Writs allowed by Constitution of India.
- Explain briefly the various types of writs provided under the Constitution of India for the enforcement of fundamental r...