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Report No. 58

The scope of Article 136

3.48. We have already referred1. to the fact that the jurisdiction under Article 136 is plenary. The relationship of Article 136 of the Constitution with the other articles can be illustrated by referring to a few situations where the Article has been resorted to:-

(1) Article 136 has been utilized even where an appeal is barred by a specific constitutional provision, such as Article 133(3), quoted below:-

"(3) Notwithstanding anything in this Article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one judge of a High Court."

(2) Article 136 has been applied where a certificate under Article 133, or 134 was wrongly granted, but the case was one in which special leave could appropriately have been sought under Article 136.

(3) Similarly, resort to Article 136 has been regarded as permissible where a certificate under Article 133 or 134 was wrongly refused.

(4) Leave has been granted under Article 136 even where the case could have been dealt with, and an appeal as a matter of right would have been competent, under another Article, e.g. Article 132(2), which reads as follows:-

"(2) Where the High Court has refused to give such a certificate, the Supreme Court may, if it is satisfied that the case involves a substantial question of law as to the interpretation of this Constitution, grant special leave to appeal from such judgment, decree, or final order."

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