The Supreme Court of India is the highest judicial authority in the country and plays a crucial role in ensuring uniform interpretation of law and protection of constitutional rights. In certain cases, a party aggrieved by a judgment of a High Court or tribunal may approach the Supreme Court by filing a Special Leave Petition (SLP). Understanding how to file an SLP is essential for individuals and businesses seeking exceptional judicial intervention when no regular appeal is available. This article explains the legal framework, procedure, timelines, and practical aspects of filing an SLP in the Supreme Court of India.

Conceptual Overview: What is a Special Leave Petition?

A Special Leave Petition (SLP) is a constitutional remedy that allows a person to seek permission from the Supreme Court to appeal against any judgment, order, decree, or sentence passed by:

  • High Courts

  • Tribunals

  • Other courts in India

This power is discretionary. The Supreme Court may choose to hear the matter only if it involves substantial legal issues, serious injustice, or significant procedural irregularity.

If the Court grants leave, it converts the SLP into a Civil Appeal or Criminal Appeal.

Statutory Framework Under Indian Law

Constitutional Provision

The power to file an SLP originates from Article 136 of the Constitution of India.

External Reference:

Article 136 empowers the Supreme Court to grant special leave to appeal against any judgment or order passed by any court or tribunal in India.

Exception:
This provision does not apply to courts or tribunals related to the Armed Forces.

Governing Rules

The procedure for filing SLPs is governed by:

  • Supreme Court Rules, 2013

  • Practice Directions issued by the Supreme Court

Official Source:

The limitation period is governed by the Limitation Act, 1963.

Reference:

When Can an SLP Be Filed?

An SLP may be filed when:

  • There is a gross miscarriage of justice

  • Principles of natural justice have been violated

  • A substantial question of law arises

  • The lower court exceeded its jurisdiction

  • There is a serious legal error in the judgment

However, the Supreme Court generally does not interfere in routine matters involving only factual disputes unless exceptional circumstances exist.

Rights and Legal Responsibilities of the Petitioner

Rights

  • To seek special leave under Article 136

  • To present constitutional or legal grounds

  • To be represented by an Advocate-on-Record (AOR)

Responsibilities

  • Filing within the prescribed limitation period

  • Providing complete and accurate documents

  • Making full disclosure of facts

  • Avoiding suppression or misrepresentation

Only an Advocate-on-Record is authorized to file matters in the Supreme Court.

AOR information:

How to File an SLP: Step-by-Step Procedure

Step 1: Check Limitation Period

  • 90 days from the date of the High Court judgment

  • 60 days if the SLP is filed against a refusal of a certificate of appeal

If filed after the limitation period, an application for condonation of delay must be submitted.

Step 2: Preparation of Documents

Documents required include:

  • Certified copy of the impugned judgment/order

  • List of dates and events

  • Questions of law

  • Grounds for seeking special leave

  • Affidavit verifying the petition

  • Vakalatnama signed by the petitioner

  • Court fee as prescribed

Detailed filing format:

Step 3: Drafting the SLP

The petition generally contains:

  • Synopsis and list of dates

  • Questions of law

  • Grounds for special leave

  • Prayer for interim relief (if required)

The drafting must demonstrate:

  • Exceptional circumstances

  • Legal or constitutional error

  • Serious injustice caused by the impugned order

Step 4: Filing Through Advocate-on-Record

The petitioner files the SLP electronically or physically through an Advocate-on-Record (AOR).

E-filing portal:

After filing, the Registry scrutinizes the matter for defects.

Step 5: Listing and Hearing

The Registry lists the case before the Court for admission hearing.

Possible outcomes:

  • Leave granted → Matter becomes an appeal

  • Notice issued to the opposite party

  • Dismissed at admission stage

Judicial Interpretation and Landmark Case Laws

Pritam Singh v. State (1950)

The Supreme Court emphasized that it must exercise its power under Article 136 sparingly and only in exceptional cases.

Kunhayammed v. State of Kerala (2000)

The Court clarified the legal effect of dismissal of an SLP and the doctrine of merger.

Mathai @ Joby v. George (2010)

The Court reiterated that Article 136 does not function as a regular appellate mechanism.

These decisions emphasize that SLP jurisdiction is discretionary and reserved for cases involving substantial injustice.

Practical Implications for Individuals and Businesses

  • SLPs provide a final constitutional remedy when no further appeal is available

  • Businesses may use SLPs in commercial, tax, arbitration, or regulatory matters

  • Individuals may approach the Court in property, service, criminal, or constitutional disputes

  • The process requires careful legal evaluation due to strict scrutiny at the admission stage

Common Misconceptions

1. Not every High Court judgment can be challenged through an SLP
Although Article 136 provides a wide constitutional power, the Supreme Court exercises this jurisdiction sparingly. The Supreme Court generally considers only those cases that involve substantial questions of law, grave injustice, or exceptional circumstances.

2. Filing an SLP does not ensure that the case will be heard in detail
At the admission stage, the Supreme Court examines the petition to determine whether it should grant leave. If the case does not raise a significant legal issue, the Court may dismiss the Special Leave Petition without issuing notice.

3. An SLP is not a routine appellate remedy
Unlike statutory appeals, a Special Leave Petition is an extraordinary and discretionary constitutional mechanism invoked only in appropriate cases.

Frequently Asked Questions

1. What is the time limit to file an SLP?
Generally 90 days from the High Court judgment.

2. Can an SLP be filed against tribunal orders?
Yes, under Article 136.

3. Is an Advocate-on-Record mandatory?
Yes, only an AOR can file in the Supreme Court.

4. Can delay be condoned?
Yes. The petitioner must explain the reasons for the delay, and the Supreme Court may condone it if the explanation shows sufficient cause.

5. What happens if the SLP is dismissed?
The lower court judgment remains final unless review or curative remedies are available.

Emerging Trends and Developments

  • Expansion of e-filing systems for faster access

  • Increasing scrutiny at the admission stage to reduce docket burden

  • Greater emphasis on matters involving constitutional importance

  • Use of digital case tracking and online cause lists

Case status tracking:

Understanding how to file an SLP in the Supreme Court of India requires knowledge of Article 136, the Supreme Court Rules, and strict procedural requirements. The Constitution provides a Special Leave Petition as an extraordinary remedy to correct serious legal errors and prevent miscarriage of justice.

Given the discretionary nature of the jurisdiction, careful preparation, adherence to timelines, and clear presentation of exceptional legal grounds are essential. This mechanism continues to serve as an important safeguard within India’s judicial framework, ensuring that significant legal and constitutional issues receive the attention of the nation’s highest court.