Articles 135 and 136 of the Constitution of India: Supreme Court Jurisdiction and Special Leave to Appeal
Articles 135 and 136 form part of the constitutional framework governing the jurisdiction of the Supreme Court of India. Article 135 preserves specified jurisdiction and powers formerly exercisable by the Federal Court, while Article 136 gives the Supreme Court a broad discretionary power to grant special leave to appeal from decisions of courts and tribunals in India, subject to the constitutional exception for Armed Forces courts and tribunals.
Updated: 19 September 2026
Article 135: Jurisdiction and powers of the Federal Court under existing law
Article 135 is a transitional and jurisdiction-preserving provision. It ensures that, unless Parliament provides otherwise by law, the Supreme Court may exercise jurisdiction and powers in matters that were within the jurisdiction of the Federal Court immediately before the Constitution commenced, where Articles 133 and 134 do not apply.
Text and effect of Article 135
Until Parliament by law otherwise provides, the Supreme Court also has jurisdiction and powers concerning a matter outside Articles 133 and 134 if, immediately before commencement of the Constitution, jurisdiction and powers concerning that matter were exercisable by the Federal Court under an existing law.
In practical terms, Article 135 helped preserve continuity between the pre-Constitution Federal Court and the Supreme Court. The provision is expressly subject to Parliament's power to provide otherwise by law.
Article 136: Special leave to appeal by the Supreme Court
Article 136 creates an exceptional discretionary appellate jurisdiction. It is not framed as an ordinary statutory right of appeal. Instead, it empowers the Supreme Court, in an appropriate case, to grant special leave against a judgment, decree, determination, sentence or order made by a court or tribunal in the territory of India.
Article 136(1)
Notwithstanding the other provisions in the relevant Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from a judgment, decree, determination, sentence or order in any cause or matter passed or made by a court or tribunal in the territory of India.
Article 136(2)
The special leave power in clause (1) does not apply to a judgment, determination, sentence or order passed or made by a court or tribunal constituted by or under a law relating to the Armed Forces.
Scope and nature of the Supreme Court's power under Article 136
The Supreme Court describes Article 136 as giving it a very wide appellate jurisdiction over courts and tribunals in India, but the constitutional text makes the grant of special leave discretionary. Judicial decisions have repeatedly explained that the jurisdiction is extraordinary and is ordinarily exercised where intervention is warranted in the interests of justice rather than as a routine further appeal.
- Discretionary jurisdiction: a litigant does not obtain special leave merely because another view of the case is possible.
- Wide reach: Article 136 refers to judgments, decrees, determinations, sentences and orders in any cause or matter made by a court or tribunal in India.
- Two stages: the special leave stage concerns whether leave should be granted. If leave is granted, the proceeding moves into the appellate stage.
- Armed Forces exception: Article 136(2) excludes decisions of courts or tribunals constituted under laws relating to the Armed Forces.
Special Leave Petition under Article 136
A party seeking the Supreme Court's discretionary intervention ordinarily approaches the Court through a Special Leave Petition, commonly called an SLP. Filing and procedural requirements are governed by the Constitution, the Supreme Court Rules, 2013 as amended, and applicable Supreme Court practice directions and filing requirements.
The Supreme Court's official website currently provides the Supreme Court Rules, 2013 together with subsequent amendment notifications, and also publishes the prescribed SLP forms. Parties and practitioners should check the current Rules, forms, limitation requirements and filing directions before filing.
As explained by the Supreme Court, the Article 136 process has two distinct stages: first, consideration of the request for special leave; and second, if leave is granted, exercise of appellate jurisdiction. Refusal of special leave and disposal of an appeal after grant of leave therefore have different legal consequences.