What is Article 136 of the Indian Constitution?
Asked by: Marlon Nicolas IV | Last update: July 20, 2022Score: 4.9/5 (62 votes)
Under Article 136, the Supreme Court in its discretion may grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter, passed or made by any court or tribunal in the territory of India. This is called '
What power Article 136 of the Indian Constitution attributes to the Supreme Court of India?
Lastly, Article 136, deals with the discretionary power of the Supreme Court to grant “special leave to appeal” from “any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.”[25] Though the said article does not apply to any ...
What is Article 141 of the Constitution of India?
Article 141: Law Declared by Supreme Court to Be Binding on All Courts. India. consistent so that the Courts shall follow it without any hesitation. need for a clear and consistent enunciation of legal principle in the decisions of a Court.”
What is Article 142 of the Indian Constitution?
Subsection 1 of Article 142 (“Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.”) says “the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so ...
What is the Article 139?
It states that the Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them. Further Reading: Supreme Court of India.
Article 136 Indian Constitution || Special Leave Petition (SLP) ||
What is Article 140?
Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or ...
What is Article 137 of the Constitution?
Article 137 of the Indian Constitution deals with the review of judgments or orders by the Supreme Court. It says that, subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have the power to review any judgment pronounced or order made by it.
What is 124 a article?
Article 124 deals with the Establishment and constitution of the Supreme Court. It states that there shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
What is Article 145?
145. Rules of Court, etc. (1) Subject to the provisions of any law made by Parliament the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including.
What is Article 131 Indian Constitution?
Article 131 gives both the Governments a forum to fight on legal issues and not on mere political issues. Thus, the order given by the Government of India to the State Governments ordering the Chief Minister to tender advice to the Governor of the State is not a mere political issue but a legal right[21].
What is Article 147 of the Indian constitution?
The limited purpose that article 147 serves is to clarify the reference regarding any substantial question of law. It covers the interpretation of the constitution along with that of the government of India act, 1935. There are also Indian independence act of 1947 and many order that were made thereafter.
What is the Article 143?
Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two categories of matters: On any question of law or fact of public importance which has arisen or which is likely to arise.
What is Article 243 A?
243A. A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide. 243B. (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
What is the difference between article 32 and 136 of Indian Constitution?
that under Article 32. Article is confined to the enforcement of fundamental rights only whereas Article 136 is not so. The appellate jurisdiction of the court gives more scope to the Court to intervene with ad judicatory bodies and provides grounds of judicial control.
Under what circumstances does the constitutional provision of Article 136 appeal to Supreme Court by special leave can be invoked?
Under Article 136, the Supreme Court in its discretion may grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter, passed or made by any court or tribunal in the territory of India.
Who can file a mercy petition?
A convict under the sentence of death is allowed to file a mercy petition within a period of seven days after the date on which the Superintendent of Jail informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court. The petitions are to be presented to the President of India.
What is the Article 144?
Section 144 of the CrPC: This colonial-era law, which has been retained in the Code, empowers a district magistrate, a sub-divisional magistrate, or any other executive magistrate empowered by the state government, to issue orders to prevent and address urgent cases of apprehended danger or nuisance.
What is the Article 148?
Article 148 - Comptroller and Auditor-General of India
There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on like grounds as a Judge of the Supreme Court.
What is Article 155 Indian Constitution?
The Governor of a State shall be appointed by the President by warrant under his hand and seal (Article 155). A person to be eligible for appointment as Governor should be citizen of India and has completed age of 35 years (Article 157).
What is Article 214?
(1) There shall be a High Court for each State. (2) For the purpose of this Constitution the High court existing in any Province immediately before the commencement of this Constitution shall be deemed to be the High Court for the corresponding State.
What is the Article 224?
(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for ...
What is the Article 324?
Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the Election Commission.
What is the significance of Article 137 Frankfurt Constitution?
Article 137 of the former Weimar Constitution provides that there is no state church and that religious societies regulate and administer their affairs independently, thereby generally establishing a separation between church and state.
What are the provisions under Article 130?
Article 130 of the Constitution provides that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India with the approval of President, from time to time appoint.
What is Article 226 of the Constitution of India?
Article 226 of the Constitution empowers the Hon'ble High Courts to exercise power through issuance of writs – habeas corpus, mandamus, quo warranto, prohibition and certiorari or any appropriate writ.