By: Chetna Singhal
Special Leave Petition (SLP) at a glance
- Source: Article 136 of the Constitution – the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order of any court or tribunal in India (except a court-martial, Article 136(2)).
- Two stages: the petition for leave (admission hearing, usually ex parte) and, if leave is granted, the appeal itself – the SLP is then renumbered as a Civil or Criminal Appeal.
- Limitation: 90 days from the High Court judgment; 60 days from refusal of a certificate where a certificate under Articles 132–134 was first sought (Supreme Court Rules, 2013, Order XXI and XXII, read with the Limitation Act). Delay can be condoned for sufficient cause.
- Who files: any aggrieved party, through an Advocate-on-Record; a litigant may appear in person with the Court’s permission.
- Standard: interference only where a substantial question of law of general importance arises or there has been grave injustice (Pritam Singh, 1950); the Court does not re-appreciate evidence as a matter of course.
- Effect of dismissal: a dismissal in limine without reasons does not merge the High Court order into the Supreme Court’s order and does not lay down binding law (Kunhayammed v. State of Kerala, 2000), so a review before the High Court may still be possible.
Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date.
Introduction:
The Indian judicial system, known for its complexity and layered structure, offers various legal remedies to ensure justice is served. Among these remedies, the Special Leave Petition (SLP) stands out as a powerful tool that allows individuals to seek the Supreme Court’s intervention in cases where they believe justice has not been fully delivered. This blog delves into the deeper information on the origin, meaning, use, relevant sections, and landmark judgments related to the SLP in India.
Filing an SLP in practice: a checklist
- Certified copy of the impugned judgment and of the orders of the courts below, with the time taken to obtain it excluded from limitation.
- Synopsis and list of dates, the petition with grounds (framed as questions of law), an affidavit, the impugned orders and the record of the lower courts as annexures; a certificate by the Advocate-on-Record that the petition is confined to the pleadings before the court below and that there is no previous SLP on the same matter.
- Court fee is nominal; in criminal matters, a jail petition can be sent by a convict without any fee and is converted into an SLP by the Court’s legal aid machinery.
- Interim relief – stay of the High Court order, suspension of sentence or bail – must be asked for separately in an interlocutory application; an SLP does not operate as a stay by itself.
- Admission hearing: the matter is listed before a two-judge bench, usually on a Monday or Friday; the Court may dismiss in limine, issue notice, or grant leave. Notice may be limited to a particular question or to the sentence alone.
- After leave: the appeal is heard on the paper-book; fresh evidence is not ordinarily allowed; the Court may remand, modify or substitute the order and, under Article 142, pass any order needed to do complete justice.
- Costs: frivolous petitions attract costs, and the Court has in recent years imposed costs ranging from a few thousand rupees to several lakhs on litigants and on governments that file belated or repetitive SLPs.
SLP against orders of tribunals
Article 136 covers “any court or tribunal”, so an SLP lies directly against orders of tribunals such as the NCLAT, the Armed Forces Tribunal and the National Green Tribunal where the statute provides a direct appeal to the Supreme Court or no further appeal at all. Where the statute provides an appeal to the High Court – as with the Debt Recovery Appellate Tribunal or the Central Administrative Tribunal (L. Chandra Kumar, 1997) – that remedy must ordinarily be exhausted first, and the Court usually declines to entertain an SLP that bypasses the High Court. For the hierarchy of courts and the remedies below the Supreme Court, see review, revision and appeal, writ petitions and the hierarchy of courts.
Origin of SLP:
The concept of the Special Leave Petition is embedded in Article 136 of the Indian Constitution. The SLP was drafted with the intention of providing a last-resort legal remedy to the aggrieved individual. It empowers the Supreme Court to grant special leave to appeal against any judgment, decree, determination, sentence, or order passed by any court or tribunal in the country. The framers of the Constitution envisioned this provision as a tool to serve justice, ensuring that the apex court could correct gross injustice or miscarriage of law.
Meaning and Scope of SLP:
An SLP is a discretionary power of the Supreme Court, meaning that it is not a guaranteed right for every litigant. The Court may accept or reject an SLP based on the case’s merits. The fundamental purpose of an SLP is to allow the Supreme Court to intervene in cases where there is a need to amend due to a substantial question of law or a gross injustice. In SLP, the expression “special leave” implies special permission.
The Supreme Court’s own statistics show that special leave petitions make up the bulk of its fresh filings each year and that the great majority are dismissed at the admission stage without notice to the other side, so that only a small fraction are converted into appeals. In her paper, “The Temporal Analysis of the Supreme Court of India’s Workload,” Hemrajani highlights that SLPs on average occupy nearly 63% of the judges’ time. This heavy allocation of judicial resources to SLPs presents a fundamental challenge to the efficient functioning of the Court.
Key Features of SLP:
The legal tool SLP has a few key features, which are mentioned below –
- Discretionary Power: The Supreme Court can decide whether to grant leave for an appeal.
- Broad Jurisdiction: SLP can be filed against any judgment, decree, determination, sentence or order of any court or tribunal in India, except a court or tribunal constituted under a law relating to the Armed Forces (Article 136(2)).
- No Limitation on Grounds: The grounds for filing an SLP are not strictly defined, allowing a wide range of cases to fall within its spectrum.
Use and Application of SLP:
SLP can be invoked in various legal scenarios, including civil, criminal, and constitutional matters. The most common instances where SLP has been filed includes the following –
- Violation of Fundamental Rights: SLP can be filed if a lower court’s decision violates an individual’s fundamental rights.
- Substantial Question of Law: If the case involves a significant legal question that requires interpretation by the Supreme Court.
- Gross Miscarriage of Justice: Where the judgment of a lower court leads to a severe miscarriage of justice.
In addition to this, a Civil or Criminal Appeal, as the case may be, may also be filed directly in the Supreme Court if it is permissible under any specific provision of the Constitution or of any law.
Process of Filing an SLP:
- An SLP must be filed within 90 days from the date of the judgment or order of a lower court.
- The petition must clearly state the grounds on which the special leave to appeal is sought.
- If the Supreme Court finds merit in the petition, it grants “leave,” converting the SLP into an appeal.
- It can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to the Supreme Court.
Procedure-
- A Special Leave Petition (SLP) must include all the facts upon which the Supreme Court is to base its decision, focusing on the specific grounds that justify the filing of an SLP.
- The petition must be duly signed by an Advocate-on-Record. Additionally, the petitioner is required to include a statement within the SLP declaring that no other petition on the same matter has been filed in any High Court.
- Once the SLP is filed, the Supreme Court will initially hear the aggrieved party. Depending on the merits of the case, the Court may allow the opposite party to present their case through a counter affidavit.
- After the hearing, if the Court finds the case worthy of further consideration, it will grant leave for the appeal to proceed; otherwise, the appeal will be rejected.
- The Supreme Court charges a filing fee of INR 1,500 for a standard Special Leave Petition (SLP). For SLPs involving special cases, the fee increases to INR 5,000. Additionally, the court charges INR 200 for each application filed in connection with the SLP.
When and Who can file an SLP?
SLP can be filed by an aggrieved party against the judgment or order of refusal to grant the certificate. SLP can be filed when a substantial question of law arises or grave injustice has been served.
- Under this, once the SLP has been presented to the Supreme Court, the aggrieved party is provided with special permission to be heard in Apex Court in an appeal against the order or judgment of any court or tribunal in the territory of India.
- The aggrieved party has to provide a brief synopsis of the facts and issues presented in the case, along with a list of dates.
- The petitioner has to formulate questions of law to appeal against the judgment.
- Depending upon the merits of the case, the Court will issue a notice to the opposite party, and they will have to file a counter affidavit, leaving the Court to decide whether to grant leave or not. If the Supreme Court grants leave, then the case is converted into a civil appeal and will be argued again in the Supreme Court.
Similar Mechanism present in other countries:
1. United States:
In the United States, the Supreme Court reviews cases primarily through the “Writ of Certiorari.” Parties can petition the Court to hear their case, but unlike the SLP, the US Supreme Court has the discretion to choose which cases to hear, typically focusing on those of national significance or where lower courts have issued conflicting decisions.
2. United Kingdom:
In the United Kingdom, appeals to the Supreme Court require “permission to appeal,” similar to the SLP. However, this authority is frequently granted by a lower court, and only in cases involving a point of law of great public concern. The UK takes a more limited approach, focusing on instances with a broad legal significance.
3. Canada:
Canada’s Supreme Court also has a “Leave to Appeal” mechanism, in which parties must request permission for their case to be considered. The requirements are similar to the SLP, but the emphasis is on ensuring that only cases of national significance or those posing major legal issues reach the highest court. Under the Supreme Court Act in Canada, under Section 40 (1), read with Section 43, lay down the appellate powers of the Canadian apex court, limiting it to matters of public importance, or those deemed necessary in the interest of justice.
4. Australia:
Australia has a procedure quite similar to India’s SLP, known as “Special Leave to Appeal.” The Australian Judiciary Act, 1903, stipulates similar criteria under Section 35A, for grant of leave to appeal to the Australian High Court. It normally examines criteria such as the public importance of the legal problems at hand and whether the case has the potential to resolve conflicting lower-court rulings.
While these systems are similar to the SLP, the main distinction is the level of discretion exercised by each country’s highest courts. In most cases, the emphasis is on addressing matters of substantial public or legal importance, ensuring that the Supreme Court’s time is spent on cases with far-reaching consequences.
Crucial Judgments on SLP:
Several crucial judgments that have shaped the understanding and application of SLP in India:
1. Pritam Singh v. The State (1950):
In one of its earliest decisions on Article 136, the Supreme Court explained the scope and purpose of special leave. The Court held that the power is an extraordinary one, to be exercised sparingly and only in exceptional cases where a substantial question of law of general importance arises or where there has been a grave miscarriage of justice; it is not a regular appellate jurisdiction. Later decisions such as Kunhayammed v. State of Kerala (2000) and Mathai @ Joby v. George (2010) have reaffirmed that the Court should not treat Article 136 as a routine avenue of appeal.
2. A.R. Antulay v. R.S. Nayak (1988):
This case involved the prosecution of A.R. Antulay, a former Chief Minister of Maharashtra. In 1984 the Supreme Court itself had directed that his trial be transferred from the Special Judge to the Bombay High Court. In 1988 a seven-judge bench, hearing his appeal by special leave against the High Court’s decision, recalled that earlier direction, holding that it had been made without jurisdiction and in breach of his right to a trial before the court constituted by statute and his right of appeal. The judgment is a leading authority on the Court’s power to correct its own errors in the interest of justice and on the importance of procedure established by law.
3. Union of India v. Pirthwi Singh (2018):
In Union of India v. Pirthwi Singh, (2018) 16 SCC 363, the Supreme Court criticised the Government for filing a special leave petition on a point already decided against it and imposed costs of Rs. 1 lakh, observing that such petitions add to the burden of the Court and that the Union must act as a responsible litigant. The decision illustrates that frivolous or repetitive SLPs are dismissed at the admission stage, often with costs, so that the Article 136 jurisdiction remains a remedy for substantial questions of law or grave miscarriage of justice rather than a regular appellate process.
4. Kartar Singh v. State of Punjab (1994):
This case involved the constitutionality of the Terrorist and Disruptive Activities (Prevention) Act (TADA), which had stringent provisions. In a batch of writ petitions and appeals, a Constitution Bench of the Supreme Court upheld the validity of the Act but laid down guidelines to prevent its misuse, including on the recording of confessions before police officers. The decision shows how the Court, in its constitutional and appellate jurisdiction, balances national security concerns with the protection of individual rights.
5. Union Carbide Corporation v. Union of India (1989):
This case arose from the Bhopal gas tragedy. In civil appeals from the Madhya Pradesh High Court, the Supreme Court in February 1989 recorded a settlement of US $470 million between Union Carbide and the Union of India. Review and writ petitions challenging the settlement were decided in 1991 ((1991) 4 SCC 584): the Court upheld the settlement but quashed the part of the order that had given immunity from criminal prosecution. The litigation shows the Court using its wide powers in a matter of large-scale public interest, though it was not an SLP by the victims and the settlement was not reopened.
Limitation of SLP:
In its judgment in Vasanthakumar, the Supreme Court recognized that the frequent and extensive use of its extraordinary jurisdiction under Article 136 has diluted its role as the nation’s highest constitutional court. This acknowledgment reflects a critical need for reform to ensure that the Court’s discretionary powers are exercised with greater restraint. Concerning the constitutional validity of amending Article 136, it is important to note that this provision has not been classified as part of the basic structure of the Constitution. Consequently, as established in the landmark Kesavananda Bharati case, Parliament possesses the authority to amend Article 136 through the procedure set forth in Article 368. This legal framework provides a clear path for the necessary reforms to better align the Supreme Court’s jurisdiction with its intended constitutional role.
Proposed Reforms:
Several reforms have been proposed by legal experts to address the issues surrounding Special Leave Petitions (SLPs). Mentioned two such reforms –
- One of the most notable proposals is the creation of a National Court of Appeal that would operate independently of the Supreme Court. This idea was first suggested by Justice Bhagwati in the Bihar Legal Support Authority case and was later brought up again in 2016 in the Vasanthakumar v. Bhatia case, where a plea was made for its establishment.
- Another widely discussed reform, mentioned in the 125th (1988) and 229th (2009) Law Commission Reports, is the idea of restructuring the Supreme Court by setting up four regional Cassation Benches across the country and maintaining one Constitution Bench in Delhi. The goal of this proposal is to make the Supreme Court more accessible to people from different regions, as a single court in Delhi can be difficult to reach. Article 130 already permits the Court to sit in such other place or places as the Chief Justice of India may, with the approval of the President, appoint, although a permanent division of the Court’s jurisdiction between benches would call for a constitutional amendment.
Differences between Special Leave Petitions (SLPs) and regular appeal:
| Feature | Special Leave Petition (SLP) | Regular Appeal |
|---|---|---|
| Legal Basis | Article 136 of the Indian Constitution | Based on specific provisions in statutes or procedural laws (e.g., Civil Procedure Code, Criminal Procedure Code) |
| Scope of Jurisdiction | Wide discretionary power; the Supreme Court can hear any matter from any court or tribunal. | Limited to specific grounds or types of cases defined by statute. |
| Discretion | Completely discretionary; the Supreme Court may accept or reject an SLP without providing detailed reasons. | Generally, an appeal as a matter of right, subject to statutory conditions and grounds. |
| Purpose | To correct grave injustice, address substantial legal questions, or where lower courts have grossly erred. | To review and correct errors in fact or law made by lower courts. |
| Grounds for Filing | Can be filed on any grounds; no specific criteria, but usually involves substantial legal issues or gross miscarriage of justice. | Typically limited to legal grounds such as errors in the application of law or procedural irregularities. |
| Judicial Review | Extensive review, potentially of any issue presented in the case, but subject to the Court’s discretion. | More structured and confined to the grounds specified by law. |
| Role of the Supreme Court | Acts as a guardian of justice and the Constitution, intervening in exceptional cases. | Acts as an appellate court, ensuring correct application of law. |
| Examples | Challenging any decision from High Courts, tribunals, or other lower courts. | Appeals against a High Court judgment under specific statutes like the Income Tax Act, Rent Control Act, etc. |
Conclusion:
The Special Leave Petition serves as a crucial instrument in the Indian legal system, ensuring that the Supreme Court can uphold justice in cases of significant legal and constitutional importance. While it offers a pathway for redress, it is also a discretionary power used judiciously to maintain the sanctity of the legal process. Thus, understanding SLP and its process is essential for anyone navigating the complex landscape of Indian law.
References for more info on SLP:
- https://www.legalserviceindia.com/Supreme-court/slp.htm
- https://blog.ipleaders.in/special-leave-petition/
- https://www.thequint.com/voices/blogs/supreme-courts-power-on-special-leave-petitions#read-more#read-more
- https://rmlnlulawreview.com/2022/02/15/slp-reform/#_ftn1
- https://ssrana.in/litigation/special-leave-petition-india/slp-special-leave-petition-filing-supreme-court/
