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Article 136 Of Indian Constitution In English
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.
Article 136 In English
136 Article – Special leave to appeal by the Supreme Court.
(1) Notwithstanding anything contained in this Chapter, the Supreme Court may, in its discretion, make any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the area. may grant special leave to appeal from 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.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 136 Of Indian Constitution?
In Article 136 you see “Special leave to appeal by the Supreme Court” that means (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. MORE ABOVE.
Article 136 Debate Summary
The draft Article 112 (Article 136) was debated in the Constituent Assembly on 6 June 1949 and 16 October 1949. It defined the powers of the Supreme Court to grant special leave to appeal. A member proposed to remove the language which barred the Supreme Court from hearing any case. On appeal from the Court or Tribunal of the Unions of States.
He argued that since the instruments of merger gave the central government the power to control all matters except taxation, it created a meaningless distinction between princely states and provinces. He also argued that imposing such jurisdictional limitations on the Supreme Court was unfair.
The amendment was received positively by the assembly, with several members arguing in favor of an explicit extension of the court’s powers. One member argued that the court should be able to decide cases using ‘principles of jurisprudence and ideas of natural justice’. Another believed that the draft article should be expanded to specifically cover ‘civil, criminal, or revenue’ matters.
A member of the drafting committee clarified that the Supreme Court was free to develop its own rules when exercising its jurisdiction, and that there was nothing to prevent it from interfering in criminal cases as well. The addition of clause (2) was made on the orders of the Ministry of Defence, who cited examples from countries such as the UK following a similar practice of excluding court-martial decisions from the jurisdiction of the Supreme Court.
This amendment was strongly opposed in the assembly. One member argued that persons sentenced to death in military tribunals should have the right of appeal as the procedures followed in such tribunals were ‘against all laws of jurisprudence’. Another argued that citizens who have committed offenses under the jurisdiction of these tribunals would be unfairly denied their right to appeal. The chairman of the drafting committee, who had earlier taken a different stand on the matter, said he was convinced by the defense ministry that the clause was necessary to maintain discipline in the army.
He also clarified that the Supreme Court had not completely taken away its power with respect to the armed forces, as it could still investigate whether a specific court martial exceeds its jurisdiction, or whether the proceedings were purely arbitrary. was or not. The amendment was accepted by the Assembly and the amended draft Article was adopted on 16 October 1949.
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