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What Is an SLP in the Supreme Court Under Article 136 of the Indian Constitution
- alokpundiradvocate
- 2 days ago
- 6 min read
The Supreme Court is the highest court in India. So, when a case does not go in a person's favour before a High Court or tribunal, the person may want to know whether the matter can be taken to the Supreme Court. Article 136 of the Constitution of India provides a way to seek the Court's intervention through a Special Leave Petition, or SLP. It gives the Supreme Court the discretionary power to consider challenges to decisions of courts and tribunals in matters such as civil, criminal, tax, service and commercial disputes.
However, filing an SLP does not guarantee that the Supreme Court will hear the case. The Court decides whether special leave should be granted based on the facts and circumstances of the matter. This is why a person in Dehradun may consult the best lawyer in Dehradun to assess the judgment, understand whether an SLP is an appropriate remedy, identify the legal grounds for approaching the Supreme Court and determine the next steps in the case.
This guide explains what an SLP means, how Article 136 works, the types of matters in which an SLP may arise, the applicable filing timeline, the documents generally required, and the steps involved in filing an SLP before the Supreme Court.
What Is the Difference Between an SLP and an Ordinary Appeal?
Basis | SLP | Ordinary Appeal |
Legal basis | Filed under Article 136 of the Constitution. | Filed under a specific law. |
Nature | Discretionary remedy. | Generally a statutory right. |
Court's role | Supreme Court first decides whether to grant special leave. | Appeal proceeds according to the applicable law. |
Scope | Broad, subject to Article 136 and judicial principles. | Depends on the relevant statute. |
Process | Two stages: special leave and appeal, if leave is granted. | Usually proceeds directly as an appeal. |
What Is a Special Leave Petition (SLP)?
A Special Leave Petition or SLP, is a petition filed before the Supreme Court under Article 136 of the Constitution of India. Through an SLP, a petitioner can seek the Court's permission to challenge a judgment, decree, sentence or order passed by a court or tribunal. However, filing an SLP does not mean that the Supreme Court will automatically hear the case. The Court first examines the matter and decides whether special leave should be granted. If the Court grants special leave, the SLP moves to the appeal stage. In simple terms, an SLP is a way to seek permission to appeal before the Supreme Court, rather than an appeal by itself.
How Is an SLP Connected to Article 136 of the Constitution?
Article 136 gives the Supreme Court a special power to hear appeals against decisions of courts and tribunals in India. However, this power is used at the Supreme Court's discretion. It also does not apply to matters relating to courts or tribunals dealing with the Armed Forces. This power is different from a regular right of appeal. Simply filing an SLP does not mean that the Supreme Court has to hear the case. The Court first decides whether the case is suitable for its intervention and whether special leave should be granted.
What Types of Cases Can Be Challenged Through an SLP?
Article 136 has a wide scope. An SLP may arise in matters involving:
Civil cases
Criminal cases
Constitutional matters
Service disputes
Tax matters
Commercial disputes
Labour and employment matters
Decisions of eligible courts and tribunals
An SLP may challenge a judgment, decree, sentence, determination, or order of a court or tribunal, subject to the scope of Article 136 and the Supreme Court's discretion.
What Is the Time Limit to File an SLP?
When it comes to an SLP, timing matters. The limitation period generally depends on the nature of the order being challenged:
90 days: An SLP is generally filed within 90 days from the date of the High Court judgment or order.
60 days: A shorter period of 60 days generally applies where the SLP is filed against the dismissal of a review petition.
If the applicable deadline is missed, the petitioner may file an application for condonation of delay explaining the sufficient cause for the delay. However, a delay without adequate justification may lead to the petition being dismissed.
What Documents Are Generally Required for an SLP?
The documents required can vary depending on the case. Commonly relevant documents may include:
Judgment or order being challenged
List of dates and important case details
Relevant pleadings and case documents
Documents supporting the grounds of the SLP
Supporting affidavit
Relevant applications and orders
Required annexures under the applicable rules
Documents relevant to interim relief, where applicable
The documents should be prepared according to the current Supreme Court Rules and filing requirements.
What Is the Procedure for Filing an SLP in the Supreme Court?
Filing an SLP involves several steps. The process may differ depending on the nature of the case, but it generally follows this order:
1. Identify the Judgment or Order
The petitioner first identifies the judgment, decree, sentence, or order that is being challenged.
2. Check Whether an SLP Is Appropriate
The case is examined to determine whether approaching the Supreme Court under Article 136** is appropriate.
3. Prepare the SLP
The petition is prepared in the prescribed format, setting out the relevant facts, grounds, and reasons for seeking the Supreme Court's intervention. The Supreme Court provides **Form No. 28** for SLPs.
4. Attach the Required Documents
Relevant judgments, orders, pleadings, annexures, and other supporting documents are attached as required under the applicable rules.
5. File the Petition
The SLP is filed before the Supreme Court in accordance with its applicable filing requirements.
6. Address Registry Objections
The Supreme Court Registry examines the filing. If defects or objections are raised, they must be corrected within the applicable procedure.
7. Attend the Leave Stage
The Supreme Court considers whether special leave to appeal should be granted. It may dismiss the SLP or grant leave.
8. Proceed to Appeal if Leave Is Granted
If special leave is granted, the SLP is treated as an appeal and the matter proceeds under the applicable appellate procedure. Since Supreme Court filing requirements can change, the current Supreme Court Rules and filing checklist should be checked before filing
Common Reasons Why SLPs Are Dismissed
An SLP may be dismissed when the Supreme Court finds that the case does not justify its intervention under Article 136. Common reasons may include:
Lack of sufficient grounds for exercising the Supreme Court's discretionary jurisdiction
Unexplained delay in filing the petition Weak or unclear grounds in the petition
Procedural defects or incomplete documents
Challenge based mainly on factual findings without a strong reason for Supreme Court interference
Misuse or abuse of the Court's process
When Should a Person Consult an SLP Lawyer in Dehradun?
An adverse judgment does not always mean that an SLP is the right legal remedy. A person in Dehradun should first understand whether the case presents grounds for approaching the Supreme Court under Article 136.
An experienced lawyer can review the judgment, case history, legal grounds, applicable limitation period, and other available remedies before suggesting the next step. A person looking for the best advocate in Dehradun should consider the lawyer's experience with Supreme Court matters, understanding of appellate procedures, and ability to assess the case carefully.
The focus should be on choosing legal representation based on relevant experience and the specific needs of the case rather than relying only on online rankings or promotional claims.
Conclusion
A Special Leave Petition provides a way to seek the Supreme Court's intervention under Article 136 of the Constitution of India when a person is affected by a judgment or order of a court or tribunal. However, an SLP is not an automatic right of appeal. The Supreme Court has the discretion to decide whether special leave should be granted after considering the facts and circumstances of the case.
Understanding the applicable limitation period, legal grounds, procedural requirements, and supporting documents is important before filing an SLP. Since the appropriate remedy can depend on the nature of the case and the judgment being challenged, obtaining proper legal advice can help a person make an informed decision. For someone in Dehradun, a lawyer with relevant experience in appellate and Supreme Court matters can assess the case and explain the available legal options.
Frequently Asked Questions
Q1. What does SLP stand for?
SLP stands for Special Leave Petition. It is filed before the Supreme Court seeking special permission to appeal under Article 136.
Q2. Is an SLP an ordinary appeal?
No. An SLP is a request for special leave. The matter becomes an appeal only after the Supreme Court grants leave.
Q3. Can an SLP be filed against a High Court judgment?
Yes, an appropriate High Court judgment or order may be challenged through an SLP, but the Supreme Court decides whether special leave should be granted.
Q4. Can an SLP be filed against a tribunal order?
Yes, where the tribunal decision falls within the scope of Article 136 and the Supreme Court considers intervention appropriate.
Q5. Does filing an SLP automatically stay the judgment?
No. A separate request for appropriate interim relief may be necessary.
Q6. Is there a fixed time for deciding an SLP?
No. The time depends on the nature of the case, procedural steps, urgency and whether the matter progresses to the appellate stage.
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