Case Note & Summary
The case involved a special leave petition filed against a judgment of the High Court of Kerala, which dismissed a writ petition concerning the genuineness of a Will. The petitioner, a defendant in a suit, sought a second expert opinion after being dissatisfied with the initial forensic report, which the Trial Court rejected. The Supreme Court expressed concern over the increasing number of special leave petitions being filed, suggesting that the Court was becoming an ordinary appellate court rather than exercising its constitutional role. The Court highlighted that Article 136 of the Constitution grants discretionary power to the Supreme Court, which should be exercised sparingly and only in exceptional cases. The Court referred to various precedents that clarified the nature of this discretion and emphasized the need for guidelines to determine when such petitions should be entertained. The Court noted that the Supreme Court should focus on cases of national or public importance and not be burdened with every error from lower courts. The judgment concluded with a call for a Constitution Bench to establish clear criteria for the exercise of discretion under Article 136, ensuring that the Supreme Court remains effective in addressing significant legal issues. The Court issued notice to the respondents and relevant legal bodies for their input on this matter.
Headnote
A) Constitutional Law - Special Leave Petitions - Discretionary Nature - Article 136 of the Constitution - The Supreme Court emphasized that Article 136 does not confer a right of appeal but vests discretion in the Court to interfere in exceptional cases only. The Court noted the increasing number of special leave petitions and the need for guidelines to prevent the Court from being overwhelmed with cases that do not meet the threshold of public or constitutional importance. Held that a Constitution Bench should decide the criteria for entertaining such petitions (Paras 4-24).
Issue of Consideration
What guidelines should govern the exercise of discretion under Article 136 of the Constitution for entertaining special leave petitions?
Final Decision
The Supreme Court decided to refer the matter to a Constitution Bench to establish guidelines for the exercise of discretion under Article 136, emphasizing that the Court should not be burdened with every kind of appeal and should focus on cases of national or public importance.
Law Points
- Discretionary power
- Special Leave Petitions
- Article 136
- Judicial review
- Constitutional importance
