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Special Leave Petition

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Special Leave Petition

The Constitution of India through the Article 136 provides the Supreme Court of India with a special power to be able to grant a special leave to the aggrieved to appeal against any judgment or order or decree in any matter made by any Court or tribunal in India where any gross injustice has been done or any substantial question of law is involved. SLP or Special Leave Petition is a primary element in the judicial system providing the Supreme Court with a special power to grant a special permission to the aggrieved to be heard.

Circumstances under which Special Leave Petition can be filed?

  • A Special Leave Petition may be filed against any judgment, decree, sentence or order of any Tribunal or Court within the territory of India, for both civil and criminal subject matter.
  • A Special Leave Petition can be filed when the High Court has refused to grant the required Certificate of Fitness for Appeal to the Supreme Court to the aggrieved as under other relevant provisions.
  • The above two provisions do not apply to any court or tribunal constituted under any law relating to the Armed Forces.
  • An SLP may be filed within a period of ninety days (90) against the impugned order of the Court or tribunal
  • The period is if sixty days (60) if the High Court has refused to grant the relevant Certificate to the aggrieved.

Powers conferred to the Supreme Court under Article 136 of Constituion of India

Article 136 of the Constitution of India is a significant one which provides Supreme Court with a special power to step up when it feels that there is a gross injustice of any kind or when there is a substantial error of law apparent on the face of the case. Its purpose is to lay down the extraordinary jurisdiction of the Supreme Court to be approached to get grave miscarriage of justice corrected and to pronounce accurate law on the subject.

Though, it should be pointed out that this Court was not intended to be a regular court of appeal against orders or judgments made by any high court or by any other Courts of Tribunals. The instances to approach the Apex Court must be exceptionally required. The Supreme Court should not be approached for interference in the regular course of litigation.

The powers conferred through Article 136 are discretionary in nature. The aggrieved person approaches the Supreme Court through Special Leave Petition as a request to be able to make an appeal and be heard by the apex Court even though it is not the regular course of action.

Procedure to file Special Leave Petition before the Supreme Court

The Supreme Court has prescribed a format for the filing of the SLP- Form no. 28.

  • The SLP must state all the facts clearly to convince the Supreme Court that the present SLP is maintainable and deserves to be heard by the Court.
  • The details of the parties must be mentioned and the court or tribunal from which the impugned order has arisen.
  • The petition must clearly state the Question of Law involved therein and the grounds of the appeal involved.
  • The main prayer and the relief being sought by the Court must be stated clearly in the petition.
  • The interim relief being sought and the grounds for the same may also be stated, if applicable.
  • A DECLARATION must be affixed stating that there is no other petition seeking leave to appeal against the impugned judgment and order and the annexure provided along with the SLP are true copies of the pleadings/documents which formed part of the records of the case.
  • The petition should be signed by an Advocate-on-Record (AOR).
  • The SLP has to be filed in the registry in 7 copies and with the appropriate fee.
  • The Court then decides if special leave can be granted or not. If the leave is granted, the Supreme Court shall exercise its appellate jurisdiction and the subsequent decisions will be binding.

What do we help you with?

  • Contact us with your issue and we shall assist you in deciding if it is appropriate as per the subject matter to approach the Supreme Court through Special Leave Petition.
  • We will assist you to in the filing of the Special Leave Petition and the required documents as prescribed in the Rules.
  • A case manager shall be assigned to you who will be your point of contact during the entire of the hearing.
  • At every stage of the trial, till its finality, you shall be notified of the updates of the case.
  • We shall keep track of the lawyer assigned to you so that you face no troubles.

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