Special Leave Petition: An Overview- part 1

Introduction

A special Leave Petition (SLP) is a special power given by the Constitution to the Supreme Court to allow an aggrieved person to appeal in the Supreme Court if he has no option to appeal under Articles 132- 134 of the Constitution and if grave injutice has been done to him.

The Supreme Court (hereinafter SC) is the last court of appeal. It may be a situation where though gross injustice has been done, the aggrieved party cannot seek relief from the court due to non-fulfilment of any technicality or formality. Therefore, SC is given extraordinary appellate power/jurisdiction under Article 136 of the Constitution.

Nature of power of grant to Special Leave Petition (SLP)

Under Article 136 SC has the power to grant leave (or permission) for appeal in SC from any order, judgement, decree, determination, sentence, and order passed in any cause or matter by any court or tribunal in India. SC can grant permission to appeal under this Article even if the High Court refused to grant a certificate under Article 134A.

Article 136 gives extraordinary power to the Supreme Court to grant special leave to appeal. This power to grant special leave to appeal under Article 136 is a “residual power” of SC. It must be exercised in extraordinary circumstances when any substantial question of law is involved, or gross injustice has been done.

This is a discretionary power of SC. Therefore, the aggrieved party cannot claim special leave to appeal under this article as a right.

A Special Leave Petition (SLP) can be granted against the following:

SC can grant special leave to appeal from any

• (1) judgement,
• (2) decree
• (3) determination,
• (4) sentence, and
• (5) order (it is not necessary to be a final order unlike Article 132-134, it can be any type of order)

In any (1) cause or (2) matter (petition, appeal, suit, complaint etc. is not necessary)

A Special Leave Petition can be granted against a judgement order etc. by the following:

Passed or made by (1) any court, or (2) tribunal in the territory of India. However, the second clause makes an exception. This article does not apply to any court or tribunal constituted by or under any law related to the armed forces. It means an appeal cannot be filed against an order/decree/sentence etc. of a military tribunal and court martial.

The stages of a Special Leave Petition (SLP)

As the name suggests SLP is not an appeal but it is a petition seeking permission from the court to grant special permission to appeal. So, in the first stage, it is a petition. If after considering all relevant situations it court thinks fit, it can allow the petition. Once it allows then the petition is converted to appeal. So, the petition for permission for appeal is the first stage and the appeal is the second stage.

If the court does not find any merit in this petition, it can be dismissed. Granting leave is a discretionary power of the Supreme Court and it cannot be claimed as a right. Therefore, the court can be bound by only the guidelines and principles laid down by itself.   

Limitation (order 21, Rule1)

1. Can be filed within 90 days from the date of judgement/order etc. of a high court
2. Can be filed within 60 days from the date of refusal by a high court to grant the certificate to appeal.

Requirement for filing a petition under art. 136 of Constitution

1. There must be any judgment, decree, order, determination, or sentence, (including refusal to grant the certificate of fitness for appeal to the Supreme Court.)
2. This must be passed by any high court or tribunal in the territory of India, and this court and tribunal must not be established under any armed forces law. 

Drafting of SLP

1. Petition must consist of all the facts which are necessary to enable the court to determine whether SLP ought to be granted or not.
2. Singed by advocate on record.
3. A statement that the petitioner has not filed any other petition in the high court.
4. Petition must be accompanied by:
5. Impugned order
6. All supporting documents which were submitted to the lower court
7. Affidavit by the petitioner