Brief - Article 126 - Special Leave Petition

 

Special Leave Petition (SLP) under Article 136

Article 136 of the Indian Constitution empowers the Supreme Court of India to grant special leave to appeal against any judgment, decree, order, sentence, or direction passed by any court or tribunal in India. It's a discretionary power vested in the Supreme Court, meaning they have the authority to decide whether or not to hear the appeal.

Key Points about SLPs:

• Who Can File: Any aggrieved party (individual or entity) affected by a judgment from a lower court or tribunal can file an SLP.
• Grounds for Filing: Common grounds for filing an SLP include:
  • Constitutional question of substantial importance is involved (interpretation of the Constitution)
  • Gross miscarriage of justice has occurred in the lower court's decision
  • Error of law requiring correction by the Supreme Court

Discretionary Power:

• The Supreme Court is not obligated to grant leave for every SLP filed.
• They carefully consider the merits of each petition before deciding whether to hear the appeal.

Procedure for Filing an SLP:

• A formal petition following specific legal guidelines needs to be submitted to the Supreme Court.
• The petition should clearly outline the grounds for seeking leave to appeal and the specific legal issues requiring the Supreme Court's intervention.
• Legal representation by an advocate is highly recommended for navigating the complexities of filing an SLP.

Significance of SLPs:

• Provides an opportunity to challenge decisions of lower courts/tribunals in cases with significant legal issues or potential injustice.
• Helps ensure uniformity in the interpretation of law across the country.
• Offers a safety valve to correct grave errors in lower court judgments.

Exceptions:

• Article 136(2) excludes judgments from military courts or tribunals from the purview of SLPs.

Additional Notes:

• Filing an SLP is a complex legal process, and seeking legal advice is crucial to understand the eligibility, grounds, and proper procedures involved.
• The Supreme Court dismisses a significant number of SLPs due to various reasons, including lack of merit or alternative remedies available.

In essence, Article 136 provides a crucial mechanism for individuals and entities to seek justice from the highest court in India by challenging lower court decisions with substantial legal issues or potential injustice. However, it's a discretionary power exercised by the Supreme Court based on the merits of each petition.

Brief - Article 226 - Indian Constitution

 

Article 226: Power of High Courts to Issue Writs

Article 226 of the Indian Constitution empowers High Courts with the authority to issue writs, orders, or directions to enforce fundamental rights and for any other purpose. This essentially grants High Courts similar powers to the Supreme Court under Article 32, but within their respective jurisdictions.

Here's a breakdown of key points about Article 226:

Who Can Invoke This Right?

• Any person or party whose fundamental right (Articles 12-35) is violated within the jurisdiction of the High Court can invoke this right.
• This right can also be exercised on behalf of someone else whose rights have been infringed.

Power to Issue Writs:

Similar to Article 32, High Courts can issue various writs to ensure justice:

• Habeas Corpus: To challenge illegal detention and secure release.
• Mandamus: To order a public authority or lower court to fulfill a legal duty.
• Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: To quash an order passed by a lower court or tribunal if it's illegal or made without jurisdiction.
• Quo Warranto: To question the legality of a person holding a public office.

Wider Scope:

• Unlike Article 32, which is limited to fundamental rights enforcement, Article 226 empowers High Courts to issue writs for "any other purpose." This allows them to address violations of legal rights beyond fundamental rights, ensuring broader legal oversight.

Significance of Article 226:

• Easier Access to Justice: Individuals can approach their local High Court, making it a more accessible remedy compared to directly approaching the Supreme Court under Article 32.
• Decongestion of Supreme Court: High Courts handling a wider range of cases reduces the burden on the Supreme Court.
• Effective Enforcement: It strengthens the enforcement of fundamental rights and legal rights within each state.

Additional Notes:

• Legal advice is advisable to understand the grounds for invoking Article 226 and the appropriate writ for your situation.
• Similar to Article 32, reasonable restrictions can be imposed on this right in specific situations.

In conclusion, Article 226 empowers High Courts to act as guardians of fundamental rights and legal rights within their jurisdictions, providing a vital mechanism for individuals to seek justice in India.