INDIA BUSINESS WORLD - FEBRUARY 2007
The Month that was ...

DON'T BRING EACH LITIGATION TO SUPREME COURT OF INDIA

Taking exception to the huge number of ordinary cases reaching it, the Supreme Court said that High Courts should be the last court of redressal of such grievances. The apex court should be left to deal with constitutional issues and laws of substance, said a bench comprising Justice S B Sinha and Justice Markandey Katju dismissing an appeal challenging a judgement of the Madras high court.

"Under the constitutional scheme, the last court in the country in ordinary cases was meant to be the high court," said Justice Katju writing the verdict for the bench.

"The supreme court as the apex court in the country was meant to deal with important issues like constitutional questions, questions of law of general importance, or where grave injustice had been done. If the supreme court entertains all and sundry kinds of cases it will soon be flooded with a huge backlog and will not be able to deal with the important questions for which it was really meant. After all, the Supreme Court has limited time at its disposal and it cannot be expected to hear all kinds of disputes," said the court.

Frowning on the tendency of rushing to the apex court for ventilation of grievances, the court said, "Nowadays it has become a practice to file special leave petitions against all kinds of orders of the high court or other authorities without realising the scope of Article 136."

Article 136 is not a regular forum of appeal at all. It is a residual provision which enables the supreme court to interfere with the judgment or order of any court or tribunal in India at its discretion, said the court.

Article 136(1) of the constitution states :"Notwithstanding anything in this chapter, the supreme court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India."

The use of the words "in its discretion" in Article 136 clearly indicates that Article 136 does not confer a right of appeal upon any party, but merely vests a discretion with the supreme court to interfere in exceptional cases, clarified the court.