Special Leave Petition (SLP) in Supreme Court: Complete Legal Guide
A Special Leave Petition (SLP) is one of the important ways of approaching the Supreme Court of India against a judgment, decree, determination, sentence or order passed by a court or tribunal.
The constitutional foundation for an SLP is Article 136 of the Constitution of India, which gives the Supreme Court discretionary power to grant special leave to appeal in appropriate cases.
An SLP is not the same as an ordinary appeal. The Supreme Court first considers whether the matter deserves special leave. If leave is granted, the proceedings can then proceed as an appeal in accordance with the applicable rules.
The Supreme Court's official website provides a prescribed Format of Special Leave Petition, Form No. 28, along with other Supreme Court forms.
What Is a Special Leave Petition?
A Special Leave Petition, commonly called an SLP, is a petition filed before the Supreme Court seeking permission to appeal against a judgment or order.
Article 136 gives the Supreme Court a discretionary jurisdiction. Therefore, filing an SLP does not automatically create a right to have the matter heard as a regular appeal.
The petitioner must present appropriate grounds explaining why the Supreme Court's intervention is justified.
When Can an SLP Be Filed?
An SLP may be considered against a judgment or order passed by a court or tribunal in India, subject to the constitutional and procedural requirements.
Common situations include:
Challenging a High Court judgment
Challenging an adverse order of a tribunal
Criminal appeals
Civil disputes
Matrimonial matters
Property disputes
Service matters
Constitutional issues
Commercial disputes
Tax matters
Whether an SLP is maintainable depends on the nature of the impugned order and the applicable law.
SLP Against High Court Judgment
One of the most common reasons people approach the Supreme Court is to challenge an adverse High Court judgment through an SLP.
Before filing an SLP, the advocate generally examines:
The High Court judgment
Orders passed by the lower court
Pleadings
Evidence
Questions of law
Findings recorded by the High Court
Grounds available for Supreme Court intervention
An SLP should not simply reproduce every argument previously made before the High Court. The petition should clearly identify the legal or factual basis for seeking the Supreme Court's intervention.
SLP Under Article 136
Article 136 is the constitutional provision behind the Special Leave Petition jurisdiction.
The power under Article 136 is discretionary. The Supreme Court can refuse to grant special leave even when a petitioner challenges an adverse judgment.
This means that an SLP is different from an appeal that is available as a statutory right.
The Supreme Court has repeatedly dealt with matters filed under Article 136, and its judgments demonstrate that the Court exercises this jurisdiction according to the circumstances of each case.
SLP Filing Procedure
The process of filing a Special Leave Petition in the Supreme Court involves several procedural steps.
Step 1: Obtain the Impugned Judgment
The first step is to obtain the judgment or order that you want to challenge.
The lawyer needs to examine the complete decision rather than relying on a short order or summary.
Step 2: Examine the Case Record
The previous pleadings, evidence and orders may need to be reviewed to identify appropriate grounds.
Step 3: Determine the Limitation Period
The applicable limitation period should be calculated from the relevant judgment or order.
Under the Supreme Court Rules, the general period for an SLP is 90 days from the date of the judgment or order sought to be appealed, subject to the specific circumstances and applicable provisions. Where a High Court has refused a certificate of fitness to appeal in the circumstances specified by the Rules, a different 60-day period applies from the date of refusal.
Step 4: Draft the SLP
The petition must be prepared in the prescribed format.
The Supreme Court's official forms page lists Form No. 28 for Special Leave Petition.
Step 5: Prepare Supporting Documents
The petition should contain the documents and material required under the applicable Supreme Court Rules.
Step 6: File Before the Supreme Court
The petition is filed through the prescribed Supreme Court procedure, generally through an Advocate-on-Record.
Step 7: Registry Scrutiny
The Registry examines the filing for procedural compliance. Defects, if any, may need to be corrected.
Step 8: Hearing
The Supreme Court considers the SLP and decides whether special leave should be granted.
Documents Required for an SLP
The documents required can vary according to the case.
Common documents include:
Impugned judgment or order
Relevant lower-court judgments
Petition or plaint
Written statement or reply
Important applications
Relevant evidence
Relevant statutory provisions
Supporting documents
Affidavit
Vakalatnama
Other documents required under the Supreme Court Rules
The Supreme Court Rules require an SLP to be accompanied by a chronological list of dates and relevant facts. They also prescribe how the judgment, petition, appendix and annexures are to be arranged.
What Are the Grounds for an SLP?
An SLP should identify legally sustainable grounds for Supreme Court intervention.
Depending on the case, grounds may involve:
Error of law
Incorrect interpretation of a statute
Violation of legal principles
Failure to consider material evidence
Serious procedural irregularity
Jurisdictional error
Violation of principles of natural justice
Important question of law
Manifest injustice
The appropriate grounds depend entirely on the facts and legal history of the case.
Can an SLP Be Filed Against Every Order?
No.
Article 136 provides a discretionary jurisdiction and does not mean that every adverse order will automatically result in a successful SLP.
There can also be statutory restrictions or alternative remedies that need to be considered.
A lawyer should therefore examine the impugned order and applicable law before advising whether an SLP should be filed.
SLP and Regular Appeal: Difference
An important difference is that an SLP involves seeking special leave from the Supreme Court.
In a regular appeal, the right of appeal is generally created by the Constitution or a statute.
In an SLP, the petitioner first seeks permission from the Supreme Court to appeal.
If the Supreme Court grants special leave, the SLP is converted into an appeal subject to the applicable procedure. The Supreme Court Rules specifically provide that after special leave is granted, the petition is treated as the petition of appeal, subject to payment of additional court fee where applicable.
What Happens After Filing an SLP?
After filing, the matter goes through the Supreme Court's procedural process.
The Court may:
Dismiss the SLP at the initial stage
Issue notice
Grant leave
Condone delay where legally justified
Pass an interim order
Grant stay in an appropriate case
Grant special leave and convert the matter into an appeal
The outcome depends on the facts, legal grounds and circumstances of the individual matter.
SLP and Interim Relief
A petitioner may also seek urgent interim relief where necessary.
The Supreme Court Rules provide that an interim prayer, if any, can be incorporated in the prescribed SLP format rather than requiring a separate application solely for interim relief.
Whether interim protection is granted depends on the circumstances and the Court's assessment.
Can an SLP Be Filed After a High Court Decision?
Yes, an SLP can be an appropriate remedy in certain cases after a High Court decision.
However, the availability of an SLP depends on the nature of the order, applicable statutory provisions, limitation and other procedural considerations.
A lawyer should examine the High Court judgment before deciding the appropriate Supreme Court remedy.
SLP in Criminal Cases
An SLP in a criminal case may arise in matters involving:
Bail
Conviction
Acquittal
Sentence
Criminal appeals
Matrimonial criminal proceedings
Serious criminal allegations
The Supreme Court's Rules contain specific provisions relating to Special Leave Petitions in criminal proceedings.
The appropriate legal strategy depends on the facts, evidence, impugned order and stage of the criminal case.
SLP in Divorce and Matrimonial Cases
Matrimonial disputes can also reach the Supreme Court through appropriate proceedings.
An SLP may potentially arise from disputes concerning:
Divorce
Maintenance
Permanent alimony
Child custody
Matrimonial rights
Transfer petitions
Other family-law matters
A Supreme Court divorce lawyer should review the complete High Court judgment and previous proceedings before recommending an SLP.
Role of an Advocate-on-Record
An Advocate-on-Record (AOR) has a specialized procedural role in Supreme Court proceedings.
The Supreme Court Rules govern the filing and appearance requirements applicable to AORs.
For an SLP, the AOR can handle procedural filing, Registry communications and other filing-related requirements.
The Supreme Court maintains an official AOR system and provides an AOR list and related resources.
How Much Does an SLP Lawyer Charge?
There is no universal private fee for filing an SLP.
The professional cost can depend on:
Nature of the case
Complexity
Drafting
Legal research
Number of documents
Urgency
AOR charges
Number of hearings
Arguing counsel
Senior Advocate involvement
Clients should ask for a clear fee structure before engaging an advocate.
Why Hire an SLP Lawyer?
A Supreme Court matter involves specialized constitutional and procedural requirements.
An experienced SLP lawyer in the Supreme Court can assist with:
Case assessment
Legal research
Drafting
Limitation calculation
Filing
Registry compliance
Interim relief
Court representation
Coordination with an AOR
Further appellate proceedings
The lawyer should also assess whether approaching the Supreme Court is legally worthwhile before filing.
Frequently Asked Questions
What is a Special Leave Petition?
A Special Leave Petition is a petition filed before the Supreme Court seeking special permission to appeal against a judgment or order under Article 136 of the Constitution.
What is the limitation period for an SLP?
The general limitation under the Supreme Court Rules is 90 days from the judgment or order sought to be appealed, subject to applicable exceptions and provisions. In specified cases involving refusal of a certificate of fitness, the Rules provide a 60-day period from the relevant refusal order.
Can an SLP be filed against a High Court judgment?
Yes, an SLP may be filed against an appropriate High Court judgment or order, subject to Article 136, the Supreme Court Rules and any applicable statutory restrictions.
Is an SLP the same as an appeal?
No. An SLP seeks special leave from the Supreme Court. If leave is granted, the matter proceeds as an appeal under the applicable procedure.
Can I file an SLP without a lawyer?
There are procedures for parties appearing in person, but Supreme Court filing has detailed procedural requirements. An Advocate-on-Record can assist with the filing and procedural aspects of an SLP.
What documents are required for an SLP?
The requirements depend on the case, but commonly include the impugned judgment, relevant lower-court records, pleadings, supporting documents, affidavit and other documents required under the Supreme Court Rules.
Can an SLP include a stay request?
Yes. An appropriate interim relief or stay prayer can be incorporated into the SLP in accordance with the Supreme Court Rules.
Conclusion
A Special Leave Petition provides an important constitutional route for seeking the Supreme Court's intervention against appropriate judgments and orders.
However, filing an SLP does not automatically mean that the Supreme Court will grant leave or interfere with the impugned decision. The petition must present appropriate legal grounds and comply with the Supreme Court's procedural requirements.
The Supreme Court officially provides Form No. 28 for Special Leave Petitions, while the Supreme Court Rules prescribe requirements concerning limitation, documents, affidavits, annexures and filing procedure.
If you are considering an SLP against a High Court judgment or tribunal order, it is advisable to have the complete judgment and case record reviewed by an experienced Supreme Court advocate or Advocate-on-Record before taking the next legal step.
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Limitation, maintainability, filing requirements and available remedies depend on the facts and procedural history of each case.