The Origin and History of Special Leave to Appeal to the Supreme Court of India

History and origin of Article 136 - Special leave Petition

This article traces the historical evolution of the Supreme Court’s discretionary power of special leave under Article 136 — from the royal prerogative of the King-in-Council and Privy Council practice to the Government of India Act 1935, Constituent Assembly debates, and early Supreme Court jurisprudence. It explains how this extraordinary appellate jurisdiction developed as a constitutional safety valve to remedy grave injustice and address questions of law of public importance.