What is Special Leave Petition and its applicability?

The aggrieved party is given special permission to be heard in the Apex Court in an appeal against the order or judgment of any court or tribunal in the territory of India when any substantial question of law is involved or egregious injustice has been committed.

Criteria for submitting a special leave petition
  • All required information must be included in a special leave petition.
  • Advocate on Record should sign it.
  • The petitioner must certify in writing that no alternative petition has been submitted to the high court.
  • The petitioner shall make a declaration confirming that the annexures produced with the SLP are accurate replicas of the pleadings submitted to the lower courts.
  • The special leave petition must be filed in conjunction with the judgment that will be the subject of the appeal.
How does Lead India help?

Our consultant will discuss the issue over a 24X7 helpline

Step 1

A detailed analysis of your case will be done by an experienced lawyer

Step 2

You will be able to track your case with a personal account

Step 3


Article 136 of the Indian Constitution talks about how the Supreme Court has granted special leave to appeal. Regardless of anything stated in this Chapter, the Supreme Court may, at its discretion, grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter rendered by any court or tribunal within the Indian subcontinent. Any judgment, finding, sentence, or order rendered by a court or tribunal established by or under legislation relating to the Armed Forces must not be subject to the provisions of the clause. The Supreme Court of India is empowered by Article 136 of the Indian Constitution to provide the aggrieved party special permission or leave to appeal the order or verdict rendered by any court or body.

Time restriction for SLP filing

It may be brought against any High Court judgment within 90 days of the judgment's date or against any High Court order that denies a certificate of appealability to the Supreme Court within 60 days.

Who may make an SLP?

A party who feels vindicated might file an SLP in opposition to a judgment or an order refusing to issue a certificate. If there is a significant legal issue or there has been a serious injustice committed, an SLP may be filed. By this, the party who has been wronged is given a special permit to appear before the Supreme Court in an appeal against any court's or tribunal's order or decision made within Indian territory. A succinct summary of the case's facts and concerns, as well as a timeline, must be provided by the party who feels aggrieved.

To challenge the verdict, the petitioner must create legal arguments. After filing an SLP and presenting it before the Supreme Court, the petitioner will have the chance to speak in front of the judge. The Court may give notice to the opposing party based on the case's merits, and they must submit a counter affidavit outlining their position. The court will then determine whether to grant leave or not after this. If the Supreme Court grants the request for leave, the case is changed to a civil appeal and will be contested again before the Supreme Court.


Following Article 136 of the Indian Constitution, Special Leave Petitions, or SLPs, may be submitted under the following conditions:

•   Against any ruling, decree, or order issued by a High Court or tribunal on Indian soil.

•   You can appeal to the Supreme Court if the High Court decides not to give the certificate of fitness.

Legal precedents

• In Laxmi & Co. v. Anand R. Deshpande, The Supreme Court ruled that to expedite proceedings, protect the rights of both parties and advance the interests of justice, the court considers subsequent developments when hearing appeals under Article 136 of the Indian Constitution.

• In Kerela State v. Kunhayammed, According to the ruling, the court has the option of granting SLP, and if it decides against doing so based on its findings, the court's appellate jurisdiction is not established.

• In the 1950 case of Pritam Singh v. The State, it was decided that barring unusual circumstances, the Supreme Court should not intervene with decisions made by the High Court. Once the appeal has been accepted, the appellant may challenge any legal holding that the High Court has determined to be incorrect. When granting special leave to appeal, the court should use a consistent criterion.

• It was determined that Article 136 of the Constitution is not a regular court of appeal at all in the case of N. Suriyakala v. A. Mohandoss & Ors. To exercise its discretionary authority under the Article, the court may intervene. It merely grants the Supreme Court broad discretionary power to be used for upholding the demands of justice; it does not grant any parties to the dispute the opportunity to appeal.

The Supreme Court's role in approving requests for exceptional leave

The Supreme Court of India has the discretion to grant exceptional leave applications under Article 136 of the Indian Constitution. When a legal issue emerges and in extraordinary cases, the Supreme Court may exercise this power. Only judicial decisions are covered under Article 136. Purely executive or administrative decisions are not covered by it. When granting a special leave petition, the Supreme Court is guided by the information provided by the petitioner.

Therefore, the petitioner cannot deceive the court by providing false information. The court may cancel the petitioner's right to appeal if it discovers that the facts that were submitted were false. In the 1963 case of Rajabhai Abdul Rehman Munshi v. Vasudev DhanjlbhaiMody, a comparable circumstance occurred. Additionally, the Supreme Court has the option of refusing to issue a special leave of petition. When there is a serious injustice, it must use its authority.

How Lead India can help you:

Trustworthy and confidential - We guarantee that all of your personal information and documents will be kept secret. We never reveal this information to anyone.

Expert Advice - The registration procedure necessitates the assistance of specialists who can advise you in India.

Lawyers of the highest caliber - Lead India can assist you in selecting the finest SLP attorneys to assist you. We work with a variety of associates; you may select a lawyer based on their practice area, experience, and user rating.

Lead India provides various legal services, including online resources and free legal advice. You can talk to a lawyer as soon as you have Lila. Ask a legal question for advice.

Legal Team

Was this article helpful?
90 out of 100 found this helpful