Special Leave Petition

What is a Special Leave Petition?

A **Special Leave Petition (SLP)** is a petition filed before the **Supreme Court of India** under **Article 136 of the Constitution**, seeking the Court's permission (leave) to appeal against any judgment, decree, determination, sentence, or order passed by any court or tribunal in India (except military tribunals). It is an extraordinary remedy — the Supreme Court has **discretionary power** to grant or refuse leave, and there is no automatic right of appeal through an SLP.

The SLP mechanism makes the Supreme Court the ultimate appellate authority in the Indian judicial system. It ensures that no substantial injustice remains unremedied, regardless of whether a regular appeal route exists. However, the Court exercises this power sparingly, granting leave only in cases that raise significant questions of law or where manifest injustice has occurred.

Legal Framework

Constitutional Provision

**Article 136 of the Constitution** provides:

> (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

> (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Key Features

1. **Widest possible jurisdiction:** Article 136 confers the broadest appellate power. It covers all courts and tribunals — civil, criminal, constitutional, and statutory — except military tribunals.

2. **Discretionary, not a right:** The grant of leave is entirely at the Supreme Court's discretion. No party has a right to have their SLP admitted.

3. **Any judgment or order:** The petition can challenge interlocutory orders, final judgments, and even orders passed at any stage of proceedings.

4. **No limitation on subject matter:** SLPs can be filed in civil, criminal, tax, labour, constitutional, or any other category of matters.

Procedure

- The petitioner files an SLP along with a certified copy of the impugned order and supporting documents.

- The matter is first listed before a **Division Bench** for admission hearing.

- If the Court finds the case raises a question worth examining, it **grants leave** — the SLP is then converted into a **civil appeal** or **criminal appeal** and listed for final hearing.

- If the Court does not find merit, the SLP is **dismissed** at the admission stage itself.

When Does This Term Matter?

When All Other Remedies Are Exhausted

Parties typically approach the Supreme Court via SLP after exhausting remedies in the High Court. While there is no express bar against filing an SLP without exhausting other remedies, the Court generally expects the petitioner to have availed all available statutory remedies first.

Grounds on Which Leave Is Granted

The Supreme Court generally grants leave in SLPs when:

- There is a **substantial question of general importance** that requires the Court's interpretation.

- The decision below results in **grave injustice** or is manifestly erroneous.

- There is a **conflict of judicial opinion** among High Courts on the same legal issue.

- There has been a **gross violation of the principles of natural justice** or a procedure established by law.

- The decision raises questions relating to the **interpretation of the Constitution**.

Landmark Cases

- **Kunhayammed v. State of Kerala (2000):** The Supreme Court clarified the distinction between the stages of SLP proceedings. Mere filing of an SLP does not automatically stay the impugned order. The order of the High Court operates until leave is granted and a stay is specifically ordered.

- **Pritam Singh v. State (1950):** One of the earliest cases on Article 136, where the Court held that SLP jurisdiction is extraordinary and should be exercised to prevent grave miscarriage of justice.

- **Narpat Singh v. Jaipur Development Authority (2002):** The Court emphasised that Article 136 does not confer a right of appeal — it is a discretionary remedy, and the Court may refuse leave even where a legal question exists if special circumstances do not warrant interference.

- **Mathai v. George (2010):** The Supreme Court observed that SLPs have become the most abused provision of the Constitution, with parties routinely filing SLPs against every adverse order. The Court cautioned that SLP jurisdiction is not a regular appellate remedy.

SLP vs Regular Appeal

A **regular appeal** (under specific statutes like Section 96 CPC or Section 374 CrPC) is a matter of right — the appellate court must hear it. An **SLP** is discretionary — the Supreme Court may refuse to entertain it without assigning reasons. Regular appeals lie against specified types of orders; SLPs can challenge virtually any order from any court or tribunal.

Practical Significance

- **Last resort:** SLP is often the final legal remedy when all other appellate routes are exhausted or unavailable.

- **No automatic stay:** Filing an SLP does not automatically stay the impugned order. A separate stay application must be filed, and the Court grants stay only in deserving cases.

- **Limitation:** SLPs must be filed within **90 days** from the date of the impugned order in civil matters and **60 days** in criminal matters. Delay may be condoned if sufficient cause is shown.

- **Costs:** The Supreme Court may impose heavy costs on frivolous SLPs, particularly in commercial matters.

- **Conversion to appeal:** Once leave is granted, the SLP is treated as a regular appeal before the Supreme Court, and the matter is heard on merits.

Frequently Asked Questions

Can an SLP be filed against any court order, including interlocutory orders?

Yes. Article 136 is extraordinarily wide — an SLP can be filed against any judgment, decree, order, or determination of any court or tribunal in India (except military tribunals). This includes interlocutory orders. However, the Supreme Court is generally reluctant to entertain SLPs against routine interlocutory orders and expects parties to address such grievances before the concerned court itself.

What happens after the Supreme Court grants leave in an SLP?

Once leave is granted, the SLP is converted into a regular appeal (civil appeal or criminal appeal) and is numbered accordingly. The matter is then heard on merits, with both parties presenting arguments. The Court may also issue interim orders such as stay of the impugned judgment pending final disposal of the appeal.

Is it mandatory to exhaust all other remedies before filing an SLP?

While there is no express statutory requirement, the Supreme Court generally insists that petitioners exhaust all available remedies — such as first appeal, second appeal, revision, or review — before invoking Article 136. The Court may dismiss an SLP if an alternative effective remedy is available and has not been availed, unless exceptional circumstances justify direct approach.