SC refuses to revisit scope of its powers under Article 136

SC refuses to revisit scope of its powers under Article 136

 The Supreme Court today refused to revisit the scope of its power under Article 136 of the Constitution saying that the issue has already been settled in its various judgements.

"No effort should be made to restrict the power of the Supreme Court under Article 136," a five-judge Constitution bench headed by Justice A R Dave said while summarily deciding a reference of a two-judge bench on the issue.

It agreed with the submission that the power of this court under the Article cannot be determined and as it would depend upon the facts of each case.

The bench also comprising justices Kurian Joseph, Shiva Kirti Singh, Adarsh Kumar Goel and Rohinton Fali Nariman did not find merit in the reference and said that the question stands settled.

A two-judge bench, in March 2010, had referred to the Constitution bench the issue of revisiting the scope of discretionary powers of the apex court under Article 136.
Article 136 deals with extraordinary power of the apex court to grant special leave in cases.

"Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause for matter passed or made by any court or tribunal in the territory of India...," the Article reads.

Earlier, observing that indiscriminate filing of petitions under the Article was clogging apex court and adding to its pendency, the two-judge bench had referred the matter for the Constitution bench to decide the width of powers of the apex court under the Article.
Making the reference order, the court by its March 19, 2010 order had said, "In our opinion, the time has now come when an authoritative decision by a Constitution Bench should lay down some broad guidelines as to when the discretion under Article 136 of the Constitution should be exercised, i.e., in what kind of cases a petition under Article 136 should be entertained."

"If special leave petitions are entertained against all and sundry kinds of orders passed by any court or tribunal, then this Court after some time will collapse under its own burden," the order had said.

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