Q. With respect to the Indian Judiciary, consider the following statements:
1. Special Leave Petitions can be filed in Supreme Court only.
2. The Constitution of India itself provides for the Appeal by Special Leave.
3. Special Leave Petitions can be filed for both civil and criminal matters.
How many of the above given statements are correct?
Exp) Option c is the correct answer.
The Supreme Court is authorised to grant in its discretion special leave to appeal from any judgement in any matter passed by any court or tribunal in the country (except military tribunal and court martial).
Statements 1 and 2 are correct: Article 136 in the Constitution of India provides for Special leave to appeal by the Supreme Court. Thus, it can be filed in SC only.
Statement 3 is correct: This SLP provision contains the following four aspects under which it can be filed: • It is a discretionary power and hence, cannot be claimed as a matter of right.
- It can be granted in any judgement whether final or interlocutory.
- It may be related to any matter–constitutional, civil, criminal, income-tax, labour, revenue, advocates, etc.
- It can be granted against any court or tribunal and not necessarily against a high court (of course, except a military court).
| Important Tips Review petition: • Any mandate by the Supreme Court of India is final and binding. However, Under Article 137 provided the Supreme Court with the power to review its judgments. This provision forms the legal basis for a “review petition”. • It is not necessary that only parties related to a case can seek a review of the judgment. Any person aggrieved by a ruling can seek a review. • A review petition must be filed within 30 days of the court verdict. |
