Introduction to Special Leave Petition (SLP) in India

Why in news?

The SC has been prioritising special leave petitions (SLPs) i.e. cases where the court would have issued notice to the parties over the last few years, but is yet to admit (grant leave or permission to appeal) them.

About SLP

• Special Leave Petition (SLP) is a legal recourse available to aggrieved parties seeking appeal in the Supreme Court of India.
• Article 136 of the Constitution of India (COI, 1950) empowers the Supreme Court to grant special leave to appeal from judgments, decrees, or orders passed by any court or tribunal in India.
• The SLP can be filed against orders of High Courts, tribunals, and other judicial bodies, excluding military tribunals.
• It provides an avenue when there is no direct right to appeal, acting as a last resort for legal justice.

What is a Special Leave Petition (SLP)?

• SLPs are filed to address legal issues of national importance or perceived injustice.
• The Supreme Court has discretionary powers in granting or denying leave.
• An SLP becomes an appeal only if the Supreme Court grants special leave.
• It is a mechanism for aggrieved parties after all other legal remedies have been exhausted.

Genesis of Special Leave Petition (SLP)

• The term "special leave to appeal" originates from the Government of India Act, 1935.
• It was incorporated into Article 136 of the Indian Constitution, enabling discretionary appeals to the Supreme Court.
• The idea stems from British legal practices, particularly the Privy Council's role in granting leave to appeal.

Scope of Special Leave Petition (SLP)

• Article 136 grants the Supreme Court of India authority to hear appeals from judgments, decrees, or orders of any court or tribunal.
• This discretionary power covers both final and interlocutory orders.
• It extends to quasi-judicial bodies like tribunals, not just courts.
• It does not confer a right to appeal but only grants a right to apply for leave to appeal.

Limitation Period for Filing an SLP

• 90 days from the date of High Court judgment for filing an SLP.
• 60 days for filing an SLP against a High Court order refusing a certificate of fitness for appeal to the Supreme Court.

Filing a Special Leave Petition (SLP)

• Any aggrieved party can file an SLP for civil, criminal, or other significant legal issues.
• The petition must contain a concise summary of facts, legal issues, and arguments challenging the decision.
• Upon filing, the Supreme Court may issue a notice to the opposing party for a counter-affidavit.
• If leave is granted, the case is converted into an appeal and is heard again.

Grounds for Filing Special Leave Petition (SLP)

• Substantial question of law: The case involves a critical legal issue.
• Gross miscarriage of justice: The judgment led to injustice.
• Violation of natural justice: The decision breached procedural fairness.
• Violation of fundamental rights: The case involves a constitutional violation.

Legal Provision for SLP under the Indian Constitution

• Article 136 grants the Supreme Court discretion to allow special leave to appeal.
• This provision applies to both final and interim orders and extends to tribunals with quasi-judicial powers.
• Article 136 ensures that the Supreme Court's discretion is invoked only in exceptional circumstances, such as gross injustice or significant legal questions.

Landmark Cases in Special Leave Petition (SLP)

• Laxmi & Co. v. Anand R. Deshpande (1972): Court emphasized the importance of subsequent developments in the SLP process.
• Kerala State v. Kunhayammed (2000): Established that refusing to grant SLP does not invoke appellate jurisdiction.
• Pritam Singh v. The State (1950): Stressed that SLPs should only be used in exceptional circumstances.
• N. Suriyakala v. A. Mohandoss (2007): Affirmed that Article 136 confers broad discretionary powers on the Supreme Court for justice.

Conclusion

• Special Leave Petition (SLP) is a significant legal remedy for ensuring justice in the Indian judicial system.
• Under Article 136, the Supreme Court has discretionary powers to grant special leave for cases involving substantial legal questions, gross injustice, or constitutional violations.
• SLPs offer a critical route for access to the highest court, and their usage is crucial for ensuring fairness, justice, and the rule of law in India.