Vedanta Ltd., a global diversified natural resource company, has recently approached the Supreme Court (SC) with a Special Leave Petition (SLP). The petition requests interim permission to perform maintenance activities at the Sterlite Copper plant located in Tuticorin, Tamil Nadu. This facility was ordered to cease operations following protests in May 2018.
An Overview of the Special Leave Petition in India’s Constitution
Article 136 in the Indian Constitution outlines the concept of a Special Leave Petition. This clause allows the Supreme Court to grant special leave to appeal against any judgment, decree, determination, sentence or order. This applies to all decisions made by any court or tribunal within the territory of India, except those relating to the Armed Forces. In each SLP case, the Supreme Court must decide whether to grant or deny the requested Special Leave using its discretion.
Understanding the Special Leave Petition and Inter-State Water Dispute Tribunal Judgements
When discussing an SLP, it’s essential to comprehend its relevance concerning the Inter-State Water Dispute (ISWD) Tribunal’s judgements. The Inter-State Water Disputes Act of 1956, along with Article 262 (2) of the Constitution, prevents the Supreme Court from hearing or deciding any appeals against the ISWD Tribunal’s decision.
The Supreme Court and ISWD Tribunals
However, the mention of “any Court or tribunal in the territory of India,” in Article 136 appears to include the ISWD Tribunals within this Article’s scope. The Supreme Court has also argued that seeking relief through Article 136 (Special Leave Petition) is a constitutional right. Therefore, this restriction can potentially be surpassed via Articles 32, 131, and 136 of the Constitution.
Understanding Articles 32, 131, and 136 of the Indian Constitution
| Article | Description |
|---|---|
| Article 32 | Provides constitutional remedies to protect rights through writs namely Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto. |
| Article 131 | Relates to the Supreme Court’s original jurisdiction for Centre-State or inter-State disputes in general. |
| Article 136 | Gives the Supreme Court the discretion to grant special leave to appeal against any judgment or ruling from any court or tribunal within India except those related to the Armed Forces. |
The Case of Vedanta Ltd. and Special Leave Petition
Vedanta Ltd.’s case serves as a significant example of the application of Special Leave Petition. By requesting interim access to undertake maintenance activities at its Sterlite Copper plant, Vedanta Ltd. is exercising its constitutional right to petition the Supreme Court under Article 136 of the Constitution. The final outcome of this case remains awaited and is anticipated to make noteworthy contributions to legal jurisprudence in India.