SPECIAL LEAVE PETITION : POLITY

SPECIAL LEAVE PETITION : POLITY

NEWS: Article 136 intervention, supposed to be narrow-slit, hurting arbitral process now: Dhankhar

 

WHAT’S IN THE NEWS?

Vice President Jagdeep Dhankhar raised concerns about the extensive use of Article 136 of the Indian Constitution and its effect on arbitration at a colloquium on International Arbitration: Indian Perspective organized by the India International Arbitration Centre in New Delhi.

 

Concerns Over Article 136 and Its Impact on Arbitration

About Article 136 of the Indian Constitution

  1. Discretionary Power
    • Grants the Supreme Court (SC) discretionary authority to allow special leave petitions (SLPs) against any court or tribunal’s decision in India, except military tribunals.
    • This is a privilege granted by the court, not a fundamental right of litigants.
  1. Plenary Jurisdiction
    • Article 136 allows the SC to entertain appeals against any judgment, decree, sentence, or order from any court or tribunal, even if no statutory appeal provision exists.
  1. Scope of Application
    • Enables SC intervention in cases involving substantial questions of law or gross injustice.
    • Acts as a residual power to uphold justice and fairness.

 

Concerns Raised by the Vice President

  1. Originally Intended as a Narrow Provision
    • Article 136 was meant to be used in exceptional cases, but its application has expanded significantly.
  1. Overuse of Special Leave Petitions (SLPs)
    • Litigants are using Article 136 to challenge decisions at all judicial levels, including magistrates, district courts, and high courts.
    • Leads to an increased burden on the SC, reducing efficiency.
  1. Adverse Impact on Arbitration
    • The frequent use of Article 136 in arbitration matters is making the process more complicated and time-consuming.
    • This contradicts the objective of arbitration as a faster alternative to traditional litigation.

 

Need for Domain Experts in Arbitration

  1. Importance of Subject-Matter Experts
    • VP Dhankhar emphasized that arbitration cases should be handled by experts from relevant fields for better decision-making.
  1. Addressing the ‘Old Boys Club’ Concern
    • Former CJI D.Y. Chandrachud had remarked that arbitration is dominated by retired judges, making it less inclusive.
    • While retired judges provide valuable legal expertise, arbitration should also include specialists from various industries.
  1. Specialized Fields Requiring Experts
    • Arbitration in oceanography, aviation, infrastructure, finance, and technology requires professionals with domain knowledge.
    • Supplementing arbitration tribunals with such experts will enhance the quality and efficiency of dispute resolution.

 

Conclusion

VP Jagdeep Dhankhar’s remarks highlight the urgent need to rationalize the use of Article 136 to prevent unnecessary litigation and protect the efficiency of arbitration. Encouraging domain-specific expertise in arbitration will ensure faster, fairer, and more effective dispute resolution in India.

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Source: https://www.thehindu.com/news/national/article-136-intervention-supposed-to-be-narrow-slit-hurting-arbitral-process-now-dhankhar/article69279396.ece