Special Leave Petition (SLP)

25/09/2025

209 2 minutes read

A SLP is a discretionary appeals process (Article 136 of the Constitution of India), which grants the SC the authority to hear appeals against rulings, decrees, or any tribunal or court order.
It cannot be used in Armed Forces Tribunals.

The idea of “special leave” originates from the Government of India Act of 1935, which acknowledged the authority to grant special leave for appeals.

This is a remarkable area of the SC’s authority, allowing it to handle situations where there is no direct
The right to appeal is there.
It is granted entirely at the SC’s discretion, which might refuse leave without explanation.
It applies to cases involving both criminal and civil law.
If the SC awards an SLP, it becomes a formal request that permits a thorough review of the case and allows both parties to present their case.
It is usually used when there are instances of a miscarriage or significant legal issues of fairness.

An SLP can be filed against anybody who has been wronged judgment or order of a high court or tribunal, particularly when:
- A certificate of fitness for appeal to the SC has been denied.
- Significant legal or ethical concerns are involved.
There’s a three-quarter time limit for submitting an SLP:
- A submission for an SLP is acceptable if it’s made within 90 days of the date of a High Court ruling.
The SLP must be submitted to be eligible for consideration by the SC within 60 days of the date of the rejection.

In Laxmi & Co. v. Anand R. Deshpande (1972), the SC determined that the Court may take into account subsequent developments in appeals made pursuant to Article 136, to protect the rights of parties, speed up proceedings, and maintain the interests of justice.
The SC determined in Kerala State v. Kunhayammed (2000) that refusing to give a person a license to operate a business is not illegal.
The SC should, as highlighted in Pritam Singh v. The State (1950), exercise its powers under Article 136 sparingly, and interfere with the High Court decisions are made just in rare circumstances.
- The appellant has the right to contest any mistake once an appeal is accepted by the High Court’s legal conclusions.
In N. Suriyakala v. A. Mohandoss & Ors. (2007), the Supreme Court made it clear that Article 136 gives the appellate forum a wide jurisdiction rather than creating a typical one.