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Article 136 and Special Leave Petitions: the Supreme Court's discretion

By CAShorts DeskPublished Sources: The Indian Express (Explained, 26 Oct 2026); Constitution of India; Supreme Court Rules, 2013; Law Commission of India, Report No. 229

Why in news: A CSEP analysis on 26 October 2026 argued that Special Leave Petitions crowd the Supreme Court's docket and need a clear admission threshold.

Article 136 and Special Leave Petitions: the Supreme Court's discretion
Illustration (AI-generated)

Article 136 of the Constitution lets the Supreme Court grant special leave to appeal at its discretion. It covers any judgment or order of any court or tribunal in India. Only bodies under Armed Forces law are excluded. A CSEP analysis of 26 October 2026 argues these petitions now dominate the docket and need a clear admission filter.

Syllabus: GS2 · Constitution; Prelims · Polity & Governance; GS2 · Executive & Judiciary

Why this matters for UPSC

GS2 Mains asks about the structure and functioning of the Judiciary and judicial pendency; Prelims can ask what Article 136 provides, its Armed Forces exclusion and how it differs from Articles 132-134.

In short

Article 136 gives the Supreme Court discretion to grant special leave to appeal from any court or tribunal; designed as a last resort, it is now its commonest case type.

Routes of appeal to theCourtArticle 132Article 133Article 134Article 134AArticle 136

Article 136 should stay a safety valve, but a transparent admission test would let the Court settle questions of law rather than every grievance.

Why it matters

Every case admitted on special leave takes hearing time from the same small group of judges. A litigant waiting for a ruling on a serious constitutional question, or a prisoner whose appeal is pending, waits longer when the Court spends years on a minor office quarrel. At the same time, special leave is the last door for a poor or wronged person who has no other appeal; a petitioner failed by a lower court can still reach the country's top court. The debate is about who the Supreme Court is for: a constitutional court that settles the law for everyone, or a final court of appeal open to any individual. How India answers it decides how fast the Court can settle the cases waiting before it.

Prelims pointers

  • Article 136(1): leave may be granted from any judgment, decree, determination, sentence or order in any cause or matter, by any court or tribunal in India.
  • Article 133(3): no appeal lies from the judgment of one High Court judge, unless Parliament by law provides otherwise.
  • Article 134(2): Parliament may by law confer further powers on the Supreme Court to hear criminal appeals from High Courts.
  • Article 130: the Supreme Court sits in Delhi or at other places the Chief Justice of India appoints with the President's approval.
  • Supreme Court Rules, 2013: a criminal leave petition in a death-sentence case is due within sixty days of the judgment (Order XXII).
  • Article 137: the Supreme Court may review its own judgments, subject to Parliament's law and rules under Article 145.
  • Article 142: the Court may pass any decree or order needed for complete justice in a matter before it.

Practise a UPSC-style question

With reference to Article 136 of the Constitution of India, consider the following statements:

1. The Supreme Court may grant special leave to appeal against an order of a tribunal as well as of a court.

2. Special leave cannot be granted against a judgment of a court constituted under a law relating to the Armed Forces.

3. A petitioner must first obtain a certificate of fitness from the High Court before seeking special leave.

Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1, 2 and 3
Show the answer

Answer: (a) 1 and 2 only

Answer: (a) 1 and 2 only. Special leave reaches courts and tribunals alike, minus Armed Forces bodies, and needs no certificate.

Statement 1: correct. Article 136(1) covers any judgment or order passed by any court or tribunal in the territory of India.

Statement 2: correct. Article 136(2) excludes courts and tribunals constituted by or under any law relating to the Armed Forces.

Statement 3: incorrect. A certificate is the route under Articles 132-134; special leave needs only the Supreme Court's own permission.

Eliminate: Be sure of statement 3 first: special leave is the route that needs no High Court certificate, so it is incorrect. Out: (b), (c), (d).

Trap: Swapped attribution. The certificate condition belongs to Articles 132-134 and is pinned here on Article 136.

Remember: Article 136 = Supreme Court's discretion, any court or tribunal, no certificate, Armed Forces excluded.

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