This article explains why leave to appeal to the Supreme Court under Article 136 is considered extraordinary. It traces the history, discretionary nature, and judicial principles that make the Special Leave Petition a unique constitutional safeguard against injustice
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.