Law Answer Writing Practice 2018 - Week 3 - Question 5

90 Days Law Answer Writing Practice Question 1 for 30-Nov-2018

Instructions for Writing Answer

1. Write your answers in the comment section.

 

2. Experts will provide their feedback in reply.

3. Model Answers will be uploaded on this page the next day.

4. Rectify your mistakes and progress further.

5. All the Best.

30-Nov-2018 - Question 1

Explain the Scope of "Special Leave Jurisdiction" of the Supreme Court as expounded by it. (2014) - 150 Words

For Question 2 - Click Here

Model Answer

The powers are given by Article 136 in the nature of a special or residuary power, which is exercisable outside the purview of ordinary law in case where needs of justice demand interference by the highest court of the land.
It vests only in the Supreme Court plenary jurisdiction on the matter of entertaining and hearing appeals by granting special leave against:
1) Any judgment, decree, determination or order;
2) In any cause or matter;
3) Passed or made by any court or tribunal except a court martial.

• A case cannot be appealed directly from Tribunal to the Supreme Court under Article 136, bypassing the jurisdiction of the High Court was held in I.T Commissioner, Allahabad vs, Lakhiram Ram Das.

• In Haripada Dey vs State of WB and Martu vs State of UP, the apex court has held that this power is exercised only when , there is a gross miscarriage of justice and the matter involves substantial question of law.

Note: There is no template for a correct UPSC answer, the model answer is only for your reference

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