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CMA Intermediate · Business Laws and Ethics · Introduction to Law and Legal System in India

Meera loses a civil case before a High Court, and the High Court refuses to certify that the case involves a substantial question of law of general importance. She wants to approach the Supreme Court anyway, arguing that grave injustice has occurred. Which provision gives the Supreme Court discretionary power to grant special leave to appeal from any court or tribunal in India in such a situation?

Article 136 is correct. It empowers the Supreme Court to grant special leave to appeal, at its discretion, against almost any judgment or order of any court or tribunal in India. Articles 32, 131 and 143 deal with fundamental rights, Centre-State disputes and advisory opinions respectively.

  1. AArticle 32, which gives a right to constitutional remedies
  2. BArticle 136, special leave to appealCorrect
  3. CArticle 143, advisory jurisdiction on reference by the President
  4. DArticle 131, original jurisdiction in disputes between the Union and States

Explanation

Article 136 allows the Supreme Court, in its discretion, to grant special leave to appeal from any judgment, decree or order of any court or tribunal in India, except military tribunals. Article 32 enforces fundamental rights, Article 143 is advisory on a Presidential reference, and Article 131 covers Centre-State disputes, so none fits a private civil litigant.

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