Multiple Choice Questions on Consider the following about Special Leave Petitions in India SLP 1 Special leave to appeal has been........... for CDS Exam Preparation

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    Consider the following about Special Leave Petitions in India (SLP).

    1) Special leave to appeal has been enshrined as a constitutional right under Article 136.

    2) This can be invoked only in cases involving substantial questions of law public morality national security and grave injustice.

    3) Supreme Court and High Courts both exercise this power under their original jurisdiction.

    4) Matters under SLP must be brought as appeals from lower courts or tribunals functioning in India.

    Select the Solution using the codes below.

    2, 3 and 4 only

    Incorrect Answer

    1, 2, 3 and 4

    Incorrect Answer

    4 only

    Correct Answer

    2 and 3 only

    Incorrect Answer
    Explanation:

    The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial constitutional question of law is involved, or gross injustice has been done. It is discretionary power vested in the Supreme Court of India and the court may in its discretion refuse to grant leave to appeal. The aggrieved party cannot claim special leave to appeal under Article 136 as a right, but it is privilege vested in the Supreme Court of India to grant leave to appeal or not.


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