Question

A High Court in India issues a verdict in a complex property dispute, which left one party dissatisfied with the decision. The aggrieved party now seeks to approach the Supreme Court for special leave to appeal. Under Article 136, the Supreme Court can grant special leave to appeal against any judgement, decree or order in any matter passed by:

• A. any court or tribunal in India
• B. only High Court
• C. only subordinate court
• D. only tribunals

Hint:

Article 136 empowers the Supreme Court to grant special leave to appeal from decisions of any court or tribunal in India, offering wide appellate jurisdiction.

Answer 1

The Correct Option is A

Article 136 of the Constitution of India provides the Supreme Court with special powers to grant leave to appeal against any judgment, decree, or order passed by any court or tribunal in India. This power is extraordinary and discretionary in nature. It is not a matter of right for the petitioner but lies entirely at the discretion of the Supreme Court. It is generally used in cases where a substantial question of law or a miscarriage of justice is involved.
Option (A) is correct because Article 136 covers any court or tribunal.
Option (B), (C), and (D) are incorrect as they limit the scope of Article 136, which is not restricted to only High Courts, subordinate courts, or tribunals.