Who can grant special leave to an appeal from any judgement or matter passed by any court in the territory of India?

Question

Accepted Answer

The correct option is 4:

The correct option is 4: [Detailed explanation of why it is correct — include conceptual, or contextual depth.]

The power to grant special leave to an appeal from any judgment, decree, determination, sentence, or order passed by any court or tribunal in the territory of India (except those related to the Armed Forces) is exclusively vested in the Supreme Court of India under **Article 136 of the Constitution**. This provision is known as the Special Leave Petition (SLP) jurisdiction. The nature of this power is extraordinary and discretionary, meaning the Supreme Court is not bound to grant leave but may do so only when it feels a question of public or constitutional importance is involved, or if there has been a gross miscarriage of justice. Article 136 ensures that the Supreme Court can act as the ultimate guardian of justice, stepping in where no other statutory right to appeal is available.

The incorrect option is 1: [Detailed explanation of why it is incorrect — include conceptual, or contextual depth.]

Parliament is the legislative body of India, responsible for making laws. While Parliament can define the jurisdiction and powers of the Supreme Court, it does not possess the judicial power to hear appeals or grant special leave in individual cases. The power to grant leave to appeal is purely a judicial function entrusted to the highest court. Parliament's role is to legislate on the structure and procedure of the judiciary, not to interfere with its decision-making in specific appeals. Therefore, the legislative function of Parliament is distinct from the judicial function of granting special leave.

The incorrect option is 2: [Detailed explanation of why it is incorrect — include conceptual, or contextual depth.]

The President of India is the constitutional head of the executive and plays no role in granting Special Leave Petitions (SLPs). Although the President has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 72, this is an executive power concerning mercy and clemency, distinct from the judicial function of hearing appeals or granting leave to appeal. The President cannot overturn a court's judgment by hearing an appeal, which is strictly the domain of the judicial hierarchy, culminating in the Supreme Court.

The incorrect option is 3: [Detailed explanation of why it is incorrect — include conceptual, or contextual depth.]

The Union Law Minister is a member of the Executive arm of the government, responsible for legislative drafting and managing the legal affairs of the Union. The Minister's role is administrative and political, focused on policy and ensuring the proper functioning of the legal system, not judicial review. Granting leave to appeal is a fundamental judicial prerogative, and allowing the Law Minister or any other political executive to exercise this power would violate the critical principle of separation of powers. The Minister has no constitutional authority to intervene in the judicial process of appeals.