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
For more information of Advocate On Record (AOR) in India, SLP Filing, Special Leave Petition Filing at the Supreme Court in India please write to us at: email@example.com.