Q. Consider the following statements regarding the Supreme Court’s jurisdiction in the matters pertaining to ‘special leave to appeal’ under Article 136 of the Constitution:
1. The special leave to appeal can be granted only against the order passed by a tribunal constituted under any law relating to the armed forces.
2. It is a discretionary power of the Supreme Court.
3. It can be granted in the cases of violation of the principle of natural justice.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect: According to Article 136 of the Constitution, special leave to appeal cannot be granted against the orders made by any court or tribunal constituted under any law relating to the armed forces.
Statement 2 is correct: Article 136 itself mentions that it is at the discretion of the Supreme Court as to whether or not special leave be granted.
Statement 3 is correct: Special leave to appeal can be granted on the following grounds:
- If there is a violation of the principle of natural justice (Hence, statement 3 is correct).
- If substantial injustice has been done by any court or tribunal (except military courts or tribunals)
- If there is a disregard to the legal procedures by any court or tribunal (except military courts or tribunals)
| Important Tips Curative Petition • The concept of the curative petition was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition. • A curative petition must be first circulated to a Bench of the three senior-most judges, and the judges who passed the concerned judgment, if available. Only when a majority of the judges conclude that the matter needs hearing should it be listed before the same Bench |
