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Special Leave Petition - Copy

A Special Leave Petition (SLP) under Article 136 of the Constitution of India lets you appeal to the Supreme Court...

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Key takeaways

A Special Leave Petition (SLP) is an appeal to the Supreme Court of India under Article 136 of the Constitution of India against any decision of any court or tribunal.
An SLP is not a matter of right; the Supreme Court hears it at its discretion on substantial questions of law or where there is a miscarriage of justice.
An SLP can only be filed by an Advocate-on-Record (AOR) registered with the Supreme Court, which makes engaging a lawyer vital.
The standard limitation period is 90 days from the date of the High Court judgment, with shorter periods in certain categories.
Strict compliance with procedures, documents and timelines is required for filing an SLP.
Over 90% of SLPs are rejected at the admission stage, so case selection and drafting are paramount.
Success depends on valid legal grounds, correct drafting and timely filing.

Overview

What is a Special Leave Petition?

An appeal to the Supreme Court of India can be made by way of Special Leave Petition (SLP) under Article 136 of the Constitution of India against any decision of any court. It is the premier constitutional remedy available to those who seek relief from the Supreme Court after all other judicial remedies stand exhausted.

Article 136 grants the Supreme Court a special jurisdiction to entertain appeals against any judgment, decree, determination, sentence or order passed by any court or tribunal in the territory of India. Exercising its discretion, the Supreme Court would interfere where substantial questions of law are involved or where gross injustice requires to be set right.

Major considerations of Article 136

Discretionary power: an SLP is not a matter of right but depends on the discretion of the Supreme Court
Wide scope: it covers civil, criminal, constitutional and administrative matters
Territorial jurisdiction: it applies to all courts and tribunals within the territory of India
Extraordinary nature: it is confined to special cases where intervention by the Supreme Court is really necessary

Key points

Limitation periods and essential documents

Knowing the limitation periods and the mandatory documents is essential to file an SLP properly.

Limitation period	When it applies
90 days	From the date of High Court judgment in most cases
60 days	From the refusal of certificate of fitness to appeal
30 days	For certain specific categories of cases
Special provisions	For detention and habeas corpus matters

Mandatory document	Purpose
Certified copy	Of the judgment or order under challenge
Drafted SLP	A properly drafted Special Leave Petition
Affidavit	Verification of the contents of the SLP
Vakalatnama	Authorising the AOR to act
Court fee receipt	Evidencing payment of the court fees

Grounds

When to file an SLP

Important legal questions

Matters concise in fact but requiring extensive legal analysis by the Supreme Court to interpret in their legal context.

Jurisdictional errors

Situations where lower courts acted outside their judicial authority or failed to act as a court.

Process-related errors

Procedural impropriety or a breach of the principles of natural justice.

Constitutional issue

Any matter of violating or interpreting the Constitution in relation to basic rights.

Contradictory judgments

Differing judgments from various High Courts on the same legal context.

Miscarriage of justice

Where gross injustice or irreparable harm requires the Supreme Court to set the order right.

Strategic considerations

Before you file

Before starting the process for filing a Special Leave Petition, petitioners need to consider whether the case truly warrants the extraordinary jurisdiction of the Supreme Court under Article 136.

If the matter involves issues of general public importance
If there are unreasonable findings that are unsupported by evidence
If the impugned order causes irreparable harm
If delay in seeking relief can be reasonably justified
If alternative remedies have been pursued in good faith

How it works

Procedure for filing an SLP

Filing an SLP in the Supreme Court of India requires careful attention to detail and compliance with specific requirements and timelines.

Preparation and drafting

Preliminary evaluation
Read the judgment under challenge, note any factual or legal errors, identify substantial questions of law and assess the chances of success.
Document collection
Collect all relevant case records, copies of the judgments and supporting documents.
Drafting by the AOR
The SLP is drafted by an Advocate-on-Record, with a statement of facts, questions of law, grounds of appeal, relief sought, list of dates and a prayer clause.

Filing and consideration

Compile and verify
Gather the certified copy, drafted SLP, affidavit of verification, vakalatnama, court fee receipt and all relevant annexures.
File with the Registry
The Registry reviews the petition for compliance, raises defects and objections, allows them to be cured, then accepts and numbers the petition.
Judicial consideration
The designated bench reviews the matter, decides whether to issue notice, may dismiss it summarily or grant interim relief, and hears full arguments if it is accepted.

Documents

Mandatory documents

A certified copy of the judgment or order under challenge
A properly drafted Special Leave Petition
An affidavit of verification of the contents of the SLP
A vakalatnama authorising the AOR to act
A receipt evidencing the payment of the court fees
All relevant annexures and exhibits

Condonation of delay

Where delay can be condoned

Sufficient cause is shown for the delay
No prejudice is caused to the opposite party
The case involves a substantial question of law
Considerations of public interest support condonation of delay

Related litigation matters? See our Caveat Petition, Bail Application and Legal Notice services.

Why the SLP route

Advantages and challenges

Direct access: to the nation’s highest constitutional court
Precedent: opportunity to establish legal precedent for future cases
Thorough review: of lower court proceedings, with a final and binding resolution
Interim relief: allocation of interim relief while the matter is pending
High rejection rates: over 90% of SLPs are rejected at the admission stage
Technical complexity: the process needs specialised knowledge of Supreme Court practice

Considering an appeal to the Supreme Court?

Our legal team works with experienced Advocates-on-Record to assess your grounds, draft the SLP correctly and file within the limitation period.

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FAQ

Frequently asked questions

What is a Special Leave Petition?

A Special Leave Petition (SLP) is a select legal recourse under Article 136 of the Constitution of India which allows a person to appeal to the Supreme Court against any decision made by any court or tribunal.

Who can file an SLP?

Only an Advocate-on-Record (AOR) registered with the Supreme Court can file an SLP.

When is an SLP filed?

An SLP is filed when important questions of law are dealt with, a miscarriage of justice occurred, the issue is of constitutional importance, or when serious procedural errors occurred in the order of the lower courts.

Is an SLP granted as a matter of right?

No, it is a matter of discretion. The SLP will either be accepted or rejected based on merits and existing law.

What is the limitation period for filing an SLP?

The limitation period is 90 days from the date of the High Court judgment, 60 days from the date of refusal of a certificate of fitness, and 30 days in some specific situations.

What documents are required to file an SLP?

The documents required are the certified copy of the decision, the drafted SLP, an affidavit of verification, a vakalatnama, a receipt for the payment of court fees, and the supporting annexures.

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