Special Leave Petition (SLP): Key Features, Process, and Landmark Cases

A Special Leave Petition (SLP) is a discretionary appeal mechanism that allows individuals to approach the Supreme Court of India for hearing appeals against certain judgments, decrees, or orders made by lower courts. The Supreme Court can grant special leave to appeal in cases where there is a question of law, gross injustice, or a violation of fundamental rights. This petition serves as a legal remedy in India, providing a pathway for individuals to seek justice at the highest level.

Under Article 136 of the Constitution of India, the Supreme Court has the discretion to hear SLPs, enabling it to intervene in cases of public interest, violations of fundamental rights, or when a significant question of law arises. In the Indian legal system, the SLP is a vital mechanism for individuals seeking justice from the Supreme Court of India, ensuring that legal errors or injustices are corrected.

Key Features Of SLP

The Special Leave Petition (SLP) offers unique features that distinguish it from regular appeals, providing individuals with the opportunity to seek justice from the Supreme Court of India.

Discretionary Power

The Supreme Court has the discretion to grant leave. Not all petitions are admitted, and the court usually considers the significance of the legal issues involved.

No Limitation Period

1. Unlike regular appeals, there is no limitation period for filing an SLP, though it is advisable to file it as soon as possible after the lower court's decision.
2. Scope: SLP can be filed against any order, including interim orders, from any court, tribunal, or authority.
3. Single Judge Bench: SLP is typically heard by a bench of two judges, but in some cases, it may be referred to a larger bench if deemed necessary.

Under Which Article Of The Constitution Can One File An SLP?

An SLP can be filed under Article 136 of the Constitution of India. This provision empowers the Supreme Court to grant special leave to appeal from any judgment, decree, or order of any court or tribunal in India. It is important to note that the Supreme Court has the discretion to decide which cases it will hear under this article.

This article serves as a crucial mechanism for addressing injustices, allowing individuals to seek redress when lower courts may have made errors in judgment. The SLP can challenge decisions that involve substantial questions of law or significant issues impacting public interest.

Prerequisites For Filing An SLP

Filing a Special Leave Petition (SLP) is a significant legal step that requires adherence to specific prerequisites like;

Exhaustion of Remedies

The petitioner must exhaust all available legal remedies. This means they should ideally approach the appropriate lower courts, such as the High Court, before seeking the Supreme Court's intervention.

Significant issues at stake

SLP must highlight substantial questions of law or issues of public interest. The petition should articulate why the case merits the Supreme Court's attention. If the issues presented are trivial, the court may dismiss the petition without further consideration.

Timeliness of the petition

The petition must be filed within a reasonable timeframe after the lower court's decision. Delays can negatively impact the petitioner's case and may lead to dismissal based on laches, which refers to a failure to assert a right or claim in a timely manner.

Proper drafting of the petition

SLP must be drafted meticulously. It should clearly state the facts of the case, provide a legal basis for the appeal, and outline the relief sought. Clarity and precision in drafting are essential for conveying the petitioner's arguments effectively.

Information about Lower Court Proceedings

Petitioner should include relevant documents, such as copies of lower court judgments and other necessary records. These documents support the claims made in the SLP and provide context for the Supreme Court.

Substantial questions of Law

SLP must present substantial questions of law or significant issues of public interest. The petitioner should clearly articulate why the case is important enough to warrant the Supreme Court’s attention. Without compelling legal grounds, the court may choose not to admit the petition.

Also Read : What Is An Appeal in Law?

Process Of filing An SLP

Filing a Special Leave Petition (SLP) allows individuals to seek the Supreme Court's intervention in decisions made by lower courts or authorities.

Drafting The Petition

The petition must be clear, concise, and well-structured. It should include the following components:

• Title: Clearly state it as a Special Leave Petition.
• Facts of the Case: Provide a brief overview of the facts leading to the appeal.
• Grounds for Appeal: Elaborate on the legal grounds and substantial questions of law that justify the Supreme Court's intervention.
• Relief Sought: Specify the relief or order being sought from the court.

Filing With The Registry

Once the petition is drafted, it must be filed with the Supreme Court registry. This involves:

• Preparation of Copies: Prepare multiple copies of the petition, including annexures and supporting documents.
• Filing Fees: Pay the prescribed filing fees, which may vary based on the nature of the case.
• Submission: Submit the petition along with the fees and necessary documents at the registry counter.

Admission Hearing

After filing, the Supreme Court will schedule an admission hearing. During this stage:

• Listing the Case: The case will be listed for hearing before a bench of judges.
• Arguments: The petitioner or their legal counsel will present arguments to the bench, highlighting the importance of the case and the need for the Supreme Court's intervention.

Disposal Of The Petition

Once the arguments are heard, the Supreme Court will decide whether to admit the SLP. The outcomes may include:

• Admission: If admitted, the court will issue a notice to the respondents and set a date for a detailed hearing.
• Dismissal: If dismissed, the petitioner will receive a brief order explaining the reasons for dismissal.

Follow-Up Action

In cases where the SLP is admitted:

• Preparation for Hearing: The petitioner must prepare for the upcoming hearings, gathering evidence and formulating arguments.
• Compliance with Court Orders: Ensure compliance with any directives issued by the court during the proceedings.

Special Leave Petition Cases

Laxmi & Co. v. Anand R. Deshpande (1972):

The Supreme Court emphasized its role in ensuring justice by considering subsequent developments during appeals under Article 136. This approach aims to expedite legal proceedings, uphold the rights of parties, and promote the interests of justice effectively.

Kerala State v. Kunhayammed (2000):

This landmark ruling clarified that the Court’s decision to allow or dismiss Special Leave Petitions (SLPs) does not automatically invoke its appellate jurisdiction. Instead, the discretion exercised must align with the Court's findings, ensuring fairness in procedural matters.

Pritam Singh v. The State (1950):

The Court established that its intervention in High Court decisions should be reserved for exceptional cases. Once an appeal is admitted, the appellant gains the opportunity to challenge any legal misinterpretations made by the High Court, highlighting the need for consistent criteria in granting special leave.

N. Suriyakala v. A. Mohandoss & Ors. (2007):

This judgment reaffirmed that Article 136 is not intended to make the Supreme Court an ordinary appellate body. Instead, it provides the Court with wide discretionary powers to address unique circumstances and achieve justice, without conferring an automatic right of appeal to litigants.

Conclusion

Special Leave Petition is an essential aspect of the Indian judicial system, empowering individuals to seek justice and ensuring that the Supreme Court serves as the guardian of the Constitution. Understanding the SLP process is crucial for anyone navigating the complexities of legal disputes in India. As the legal landscape continues to evolve, SLPs will remain a vital tool for upholding justice and accountability in the country.