If at all the litigant has exhausted all of the ordinary remedies available to him or her in the lower courts, but that person has not yet received the justice from those particular remedies, the Indian constitutional law mostly provides for an extraordinary remedy to those persons, that is known as the Special Leave Petition (SLP). This process allows an individual to petition the Supreme Court of India directly in unique situations. The SLP serves as a constitutional safeguard that provides an individual the right directly to challenge any Court or Tribunal of India’s judgment, decree, or order by means of the Supreme Court.
At Lead India, legal experts provide assistance to clients to determine if they qualify for the SLP, and provide guidance regarding all procedural requirements to ensure that the issue is properly presented, without any technical deficiencies preventing them from exercising their rights to be heard.
What Exactly Is a Special Leave Petition?
The Special Leave Petition (SLP) is how the Supreme Court of India usually considers whether to allow the appeal from any of the lower court or the tribunal as set out in the Article 136 of the Indian Constitution. Article 136 mostly provides that the Supreme Court may entertain the Special Leave Petitions based on the seriousness of the injustice that is suffered and/or the importance of the legal issue before it.
Also, the SLP is not at all considered a “right” of appeal similar to the appeal under the law and so, the Supreme Court has the discretion about whether or not to grant the hearing of an SLP or any of the other form of appeal arising from an order or the decision by a lower court or tribunal.
Additionally, Article 136 does not cover decisions made by military courts or tribunals in India.
Why Does Article 136 Exist?
Article 136 is the constitutional safety valve. There are various situations where:
- No statutory appeal is available
- Lower courts commit serious legal errors
- Procedural unfairness mostly leads to the miscarriage of justice
In such type of cases, Article 136 mostly allows the Supreme Court to carefully intervene as a guardian of justice as well as constitutional discipline.
The Court has most consistently clarified that this particular power is to be exercised sparingly as well as cautiously.
Who Can File a Special Leave Petition?
An SLP can only be filed by the aggrieved party, including:
- A litigant dissatisfied with a High Court judgment
- A party affected by a tribunal’s final order
- A person whose request for appeal certification has been rejected by a High Court
To be considered seriously, the petitioner must clearly present:
- A concise statement of facts
- Specific legal issues involved
- A chronological list of events
- Strong grounds showing legal error or injustice
In practice, vague dissatisfaction with a judgment is not sufficient. The Supreme Court looks for compelling reasons.
Time Limit for Filing an SLP in Supreme Court
Limitation is strict and must be carefully followed:
- 90 days from the date of the High Court’s judgment or order
- 60 days from the date the High Court refuses to grant a certificate of fitness
Delay can be condoned only if the petitioner shows sufficient and convincing cause. Casual or unexplained delays often result in outright dismissal.
Essential Requirements for Filing an SLP
A valid SLP must meet specific procedural standards:
- It must be filed and signed by an Advocate-on-Record (AOR) of the Supreme Court
- All material facts and legal grounds must be fully disclosed
- The impugned judgment or order must be annexed
- The petitioner must certify that no similar petition is pending elsewhere
- All annexures must be true copies of records filed before lower courts
From practical experience, many SLPs fail not on merits, but due to technical defects at the filing stage.
When Is a Special Leave Petition Applicable?
An SLP can be filed against:
- Any judgment, decree, or order of a High Court
- Final orders of tribunals exercising judicial or quasi-judicial powers
However, purely administrative or executive decisions do not fall within the scope of Article 136.
Civil, criminal, service, tax, and commercial matters may qualify, provided the legal threshold is met.
What Happens After an SLP Is Filed?
The process very usually follows these stages:
- Preliminary Hearing: The Supreme Court usually examines whether the case merits the consideration or not.
- Issuance of Notice: If it is satisfied, the notice is issued particularly to the opposite party.
- Counter Affidavit & Rejoinder: The respondent mostly replies, and the petitioner may file the rejoinder.
- Grant or Refusal of Leave
- If the leave is granted, then the SLP becomes a Civil or Criminal Appeal
- If it is refused, the matter ends at that particular stage
A dismissal at the SLP stage does not usually mean that the lower court judgment is affirmed on the merits.
Key Supreme Court Judgments on SLP
- Pritam Singh v. State: The Article 136 should only be used only in the exceptional cases.
- Kunhayammed v. State of Kerala: The dismissal of the SLP does not usually amount to the appellate affirmation.
- N. Suriyakala v. A. Mohandoss: The Article 136 does not only confer a right of the appeal.
- Rajabhai Abdul Rehman Munshi v. Vasudev Dhanjibhai Mody: The suppression or the misrepresentation of the facts can lead only to dismissal.
Practical Role of the Supreme Court in SLP Matters
The Supreme Court places the most immense reliance on the fairness as well as the completeness of the petition. Any of the attempt to mislead the Court can usually attract most serious consequences, that includes dismissal with the costs.
The Court strongly intervenes only when the substantial justice outweighs the procedural finality.
How Lead India Assists in SLP Matters
At Lead India, SLP matters are approached with strategic evaluation, not mechanical filing. Assistance includes:
- Experienced Supreme Court Legal Team: Our legal team comprises of experts and experienced lawyers who are very familiar with preparing and advocating SLPs at both the Supreme Court and High Courts of India.
- Custom SLP Strategy: We promise to create a custom SLP Strategy for you that will consider the facts of your situation, the legal problems, and the applicable case law that is relevant to your case.
- Honest Legal Advice: We will give you to expect straightforward, honest, and practical advice concerning the merits and chances of your SLP.
- Assured Confidentiality: The confidentiality of the information you share concerning your case, the documents you provide, and any communication with us is guaranteed.
- Effective Representation: Your legal rights will be vigorously defended and you will be provided with effective representation in your case before the Supreme Court.
Conclusion
A Special Leave Petition is the most powerful as well as the restrained remedies in the Indian constitutional law. Its success mostly depends on the legal merit, clarity, precision, as well as procedural discipline.
With the most informed legal strategy as well as careful drafting at Lead India, the most deserving cases can receive the Supreme Court’s attention. By understanding the scope as well as the limits of Article 136 is the first step toward using this particular remedy effectively.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can the SLP be filed against any of the order?
The SLP can be filed against all the judicial or the quasi-judicial orders, but not against purely for the administrative decisions.
2. What happens if the SLP is dismissed?
The dismissal of the SLP generally does not amount to the affirmation of the lower court’s judgment on the merits.
3. Is filing the SLP a legal right?
No, the SLP is discretionary remedy as well as the Supreme Court decides whether to grant the leave to hear the case.
4. Who can file the Special Leave Petition?
Any of the aggrieved party affected by the High Court or the tribunal’s final order can file the SLP before the Supreme Court.
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