SLP – Special Leave Petition – Filing In Supreme Court Of India
An SLP or Special Leave Petition is filed in the Supreme Court of India as a special permission to be heard in appeal against an order from any High Court or Tribunal.
Filing in the Supreme Court is therefore by way of an SLP or Special Leave Petition and not as an appeal. Under Article 136, the Constitution of India gives power to the Supreme Court to grant special permission or leave to an aggrieved party to appeal against an order passed in any of the lower courts or tribunals in India. The Supreme Court may hear the matter and if it deems fit, may grant the ‘leave’ and convert that petition into an ‘appeal’. SLP shall then become an Appeal and the Court will hear the matter and pass a judgment.
Article 133–136 of the Constitution of India defines the appellate jurisdiction of the Supreme Court. Article 133 provides for civil appeals from orders of the High Court, Article 134 provides for criminal appeals and Article 136 provides for special leave petition. If a case does not fall within Article 133 or Article 134 then under Article 136 the Supreme Court may be moved and a special permission may sought to grant leave to appeal.
When can an SLP be Filed in the Supreme Court Of India?
- An SLP can be filed against any judgment or decree or order of any high court /tribunal in the territory of India, or
- In case a high court refuses to grant the certificate of fitness for appeal to Supreme Court of India.
Deadline to file an SLP
An SLP can be filed at the Supreme Court within 90 days from the date of judgment of a high court or within 60 days against the order of a high court refusing to grant the certificate of fitness for appeal to Supreme Court.
Who can file an SLP?
Any aggrieved party can file an SLP against the judgment or order of refusal of grant of certificate. Special Leave is granted only in cases where a substantial question of law is involved and not on facts or merits of the case.
Only question of Law can be argued in an SLP – whether or not the law was correctly applied and interpreted in accordance with the settled principles of law etc.
Format for filing an SLP is given under Form 28 and can be accessed at the below link
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WHAT IS MEANT BY SPECIAL LEAVE PETION (SLP) IN INDIA?
Special leave Petition (SLP) under Article 136 of the Constitution can be understood as taking special leave of the Honorable Supreme Court to be heard in appeal against any judgment, decree, determination, sentence, or order passed by any court or tribunal in the territory of India in any matter. The exception to this rule is the orders, judgments etc. passed by any court or tribunal constituted by or under any law relating to the Armed Forces.
Article 136 of the Indian Constitution of India confers extra ordinary jurisdiction, residuary power and discretionary power on the Honorable Supreme Court, unfettered by any statute or provision of the Constitution to hear Special Leave Petition.
WHEN A SPECIAL LEAVE PETITION (SLP) CAN BE FILED IN SUPREME COURT OF INDIA?
A Special leave Petition (SLP) under Article 136 of the Constitution in Supreme Court of India can be filed:
- Against any judgement/order/decree is from any court of law/tribunal within the territory of India. When case involves any substantial question of law and needs authoritative pronouncement to settle the law in the matter where gross injustice has been done;
- When any High Court refuses to grant certificate of fitness to appeal in Supreme Court of India;
- Article 136 of the Constitution is not a regular form of appeal at all
WHO CAN FILE THE SPECIAL LEAVE PETITION (SLP)?
Any aggrieved party can approach the Supreme Court of India under Article 136 by filing an Special leave Petition (SLP) in case any substantial question of law is involved or the question involves public importance or a gross injustice has been done.
WHAT IS THE LIMITATION PERIOD FOR FILING A SPECIAL LEAVE PETITION (SLP) IN THE SUPREME COURT OF INDIA?
A Special leave Petition (SLP) can be filed within:
- 90 days from the date of judgement/order/decree by a Court or Tribunal; Or
- Within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
The above time limit is subject to the time taken for obtaining certified copy of the judgement/order i.e. subject to sections 4,5,12 and 14 of the Limitation Act, 1963. Beyond the Limitation Period, the honorable Apex Court has its discretion to condone the delay in the filing of an SLP.
WHAT ARE THE REQUIREMENTS FOR FILING THE SPECIAL LEAVE PETITION (SLP)?
The petition for seeking Special Leave to Appeal (SLP) filed in Supreme Court of India under Article 136 of the Constitution shall be in form no. 28, apprehended to the Supreme Court Rules. No separate application for interim relief need to be filed. Interim relief prayer if any is to be stated in the main petition itself.
The paperbook of Special Leave Petition (SLP) shall be arranged in following order:
- List of dates and events in chronological order, brief facts of the case and Question of law
- Order/Judgement against which Special Leave Petition (SLP) is being preferred
- SLP in form no. 28 with supported affidavit
- Appendix containing relevant provision of regulations/ rules involved
- Annexure, if any filed along with the Special Leave Petition (SLP).
- SLP requires a declaration that:
- no new facts is stated in the SLP and no new document is filed
- it is within the limitation period
- no other petition has been filed against the impugned order/judgement in Supreme Court or any other Court
Once the office objections (if any) are removed, the registry shall list the case before the Bench of Honorable Court for admission.
COURT FEES IN SUPREME COURT FOR FILING A SPECIAL LEAVE PETITION (SLP) IN THE SUPREME COURT OF INDIA?
The Supreme Court case fees for filing a Special leave Petition (SLP)\ INR. 1500/-.For SLP involving special cases it is INR 5000/- . And for every application the court fees is INR 200/-
IS AN ADVOCATE ON RECORD (AOR) NECESSARY TO FILE A SPECIAL LEAVE PETITION (SLP)?
Yes, an Advocate on Record (AOR) is necessary to file a Special leave Petition in the Supreme Court of India. As per the Rules, no advocate other than an advocate on record shall be entitled to file an appearance or act for a party in the Supreme Court of India. No advocate other than an Advocate on Record (AOR) can appear and plead in any matter unless an advocate on record instructs him.
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