Special leave petition was supposed to be narrow-slit: Dhankhar

Sub: Polity

Sec: Judiciary

Context:

Vice President Jagdeep Dhankhar highlighted concerns regarding the extensive use of Article 136 of the Indian Constitution and its impact on arbitration.
The discussion took place at a colloquium on ‘International Arbitration: Indian Perspective’ organized by the India International Arbitration Centre in New Delhi.

Article 136 of the Constitution

Discretionary Power: Article 136 provides the Supreme Court with discretionary authority to grant special leave to appeal against decisions from any court or tribunal within India, except those related to the Armed Forces. This power is not a right of the litigant but a privilege granted by the Court.
Plenary Jurisdiction: The Supreme Court’s jurisdiction under Article 136 is plenary, allowing it to hear appeals against any judgment, decree, determination, sentence, or order from any court or tribunal in India, irrespective of other specific provisions for appeal in the Constitution or other laws.
Scope of Application: This article enables the Supreme Court to intervene in cases where substantial questions of law or gross injustices are evident, serving as a residual power to ensure justice

Concerns Raised by the Vice President

Originally a narrow provision: Article 136 intervention was intended to be a “narrow-slit” but has now expanded significantly.
Overuse of SLPs: The provision is being used to challenge decisions at all levels, including those of magistrates, session judges, district judges, and high courts.
Negative impact on arbitration: The wide use of Article 136 is affecting the arbitral process by making it more complex and time-consuming.

Need for Domain Experts in Arbitration

Vice President Dhankhar stressed the importance of domain experts in handling arbitration cases.
Former Chief Justice of India D.Y. Chandrachud had earlier remarked that arbitration has become an “old boys club,” indicating the dominance of retired judges.
Dhankhar clarified that while retired judges are valuable to arbitration, certain fields require subject-matter experts.
Experts in fields like oceanography, aviation, and infrastructure should supplement arbitral tribunals.