A Special Leave Petition (SLP) is one of the most powerful jurisprudential remedies available under the Constitution of India. Under Article 136 of the Constitution of India, the Supreme Court may, in its discretion, grant special leave to appeal against any judgment, decree, determination, sentence, or order in any matter passed by any Court or tribunal in the territory of India. The SLP filing timeline is a critical aspect of this process since missing the prescribed limitation period can result in outright rejection of the petition.

Understanding how to file SLP, particularly within prescribed time frames, is essential for litigants, practitioners, and students of law. This article explains the statutory framework, procedural nuances, judicial interpretations, and practical implications related to the timeline for filing an SLP.

Conceptual Overview – What Is a Special Leave Petition?

A Special Leave Petition (SLP) serves as an extraordinary remedy before the Supreme Court of India. The Supreme Court calls it “special” because, unlike ordinary appeals—which proceed as a matter of right—it may choose whether to grant leave to appeal.

Key features include:

  • The Court exercises discretion, so filing an SLP does not guarantee a hearing.

  • Litigants can file it against any judgment of any court or tribunal in India.

  • The petition falls under Article 136 of the Constitution of India.

  • Litigants must comply with limitation periods and procedural requirements.

The SLP mechanism allows litigants a final opportunity to request the Supreme Court’s intervention in matters involving substantial questions of law or potential injustice.

Statutory Framework Under Indian Law

1. Constitutional Basis – Article 136

Article 136 of the Constitution of India empowers the Supreme Court to grant special leave to appeal:

“Notwithstanding anything in this Constitution, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or tribunal in the territory of India.”
— Article 136, Constitution of India

This constitutional provision forms the basis for the SLP jurisdiction of the Supreme Court.

Official Constitution text: https://legislative.gov.in/constitution-of-india

2. Limitation for Filing SLP – Section 28 of the Limitation Act, 1963

Unlike statutory appeals where specific limitation periods are prescribed, the limitation for filing an SLP to the Supreme Court is governed by the Limitation Act, 1963. Specifically:

“Every appeal to the Supreme Court shall be filed within ninety days from the date of the decree or order.”
— Section 28, Limitation Act, 1963

Thus, ordinarily, an SLP must be filed within 90 days from the date of the judgment or order challenged. This applies to both civil and criminal matters where no specific statute prescribes a different limitation period.

Limitation Act, 1963 – Full Text: https://indiacode.nic.in/handle/123456789/2263

3. Application for Extension of Time – Section 5 of the Limitation Act

Section 5 of the Limitation Act allows the Supreme Court to condone delay if sufficient cause is shown:

“Any appeal or application … may be admitted after the prescribed period of limitation … if the appellant or the applicant satisfies the court that he had sufficient cause for not filing the appeal or application within such period.”
— Section 5, Limitation Act, 1963

This provision applies to an SLP and allows the Court to entertain delayed petitions in appropriate cases.

Rights, Duties, and Legal Obligations

Rights of a Litigant

A person aggrieved by a judgment or order has:

  • The right to seek redressal before the Supreme Court by filing an SLP.

  • The right to seek extension of time under Section 5 if delay is shown to be justified.

However, it is important to note:

  • SLP is not a matter of right; it is granted at the discretion of the Supreme Court.

  • The Court may refuse leave even if filed within time.

Duties and Obligations

  • Timely Filing: Litigants must ensure SLP is filed within the limitation period.

  • Accurate Record Preparation: The petition must correctly contain all essential dates and supporting documents.

  • Disclosure of Facts: Any application for condonation of delay must fully disclose reasons for delay.

Failure to act diligently may result in dismissal of the petition.

Procedural Aspects and Legal Mechanisms

Step-by-Step Timeline for Filing SLP

  1. Date of Judgment/Order: Count the timeline from the day the court pronounces the impugned order.
  2. Calculation of 90 Days: File the petition within 90 days of that judgment date.
  3. Preparation of SLP Paperbook: Collect and organize certified copies of all orders and records.
  4. Filing of SLP: Submit the petition directly to the Supreme Court Registry.
  5. Application to Condone Delay (if needed): If you miss the 90-day window, file an application under Section 5, explaining the sufficient cause.
  6. Listing Before Court: Once the Court admits the SLP, it schedules the matter for hearing.

Judicial Interpretation and Landmark Case Laws

Several Supreme Court judgments have interpreted the timeline and related principles.

1. State of U.P. v. Singhara Singh (AIR 1964 SC 358)

In this foundational case, the Supreme Court held that the limitation for filing an appeal under Section 28 of the Limitation Act is mandatory and must be strictly complied with.

Significance: This case underscores the importance of adhering to time limits, drawing a distinction between procedural discretion and statutory limitation.

2. Collector, Land Acquisition v. Mst. Katiji (1987 Supp SCC 631)

Although related to applications under Section 5, this judgment clarified the test for sufficient cause.

Principle: Mere negligence or lack of diligence will not constitute sufficient cause; the delay must be reasonably justified.

3. B.K. Educational Services Pvt. Ltd. v. Paritosh Bhupendranath Gohil (2021 SCC OnLine SC 98)

The Supreme Court emphasized that even in SLPs, Section 5 condonation principles apply, but with due caution, given the extraordinary nature of the remedy.

Significance: Courts exercise strict scrutiny before condoning delay.

Practical Implications for Individuals and Businesses

Civil Matters

  • In civil appeals (e.g., contract disputes, property suits), the 90‑day timeline is usually non‑negotiable.

  • Board resolutions, commercial contracts, and arbitration awards require careful limitation tracking.

Criminal Matters

  • Criminal SLPs also follow the 90‑day period from the date of conviction/order.

  • Defendants and legal counsel must ensure prompt action, especially in cases involving personal liberty.

Tax and Regulatory Cases

  • Matters such as service tax, customs, or securities regulations often involve tight timelines with procedural nuances.

  • Delayed SLPs in regulatory cases may not be condoned unless there is a strong justification.

Common Misconceptions and Clarifications

Misconception Clarification
“SLP can be filed anytime if justice demands.” SLP has a 90‑day limitation period, except when condoned under Section 5.
“Section 5 applies automatically.” Courts require sufficient cause — mere delay is not enough.
“SLP is a right.” It is an extraordinary remedy, not an automatic right.
“Once 90 days are over, SLP is impossible.” Delay may be condoned with valid reasons and evidence.

Frequently Asked Questions

1. What is the SLP filing timeline in India?
Under Section 28 of the Limitation Act, litigants must file an SLP within 90 days from the date the court pronounces the judgment or order.

2. Can the timeline be extended?
Yes. The Supreme Court may condone a delayed SLP if the petitioner demonstrates sufficient cause for filing after 90 days, under Section 5 of the Limitation Act.

3. How is time calculated for filing an SLP?
The timeline starts from the date the court pronounces the judgment or order. Count all calendar days unless a specific rule states otherwise.

4. What qualifies as sufficient cause for delay?
Courts generally accept reasons such as serious illness, unavoidable circumstances, or delays caused by the court or registry, provided the petitioner supports them with evidence.

5. Does SLP require special legal drafting?
Yes. Petitioners must follow Supreme Court Rules, present facts clearly, specify grounds of appeal, and compile the paperbook properly.

Emerging Trends and Legal Developments in India

Technology and E‑Filing

  • The Supreme Court has adopted more robust e‑filing systems, which affect how quickly SLPs can be filed.

  • Digital paperbooks and e‑verification have reduced logistical delays.

Judicial Emphasis on Time Discipline

The Supreme Court recently emphasized stricter enforcement of timelines and limitation periods, even for extraordinary remedies.

Understanding the SLP filing timeline is indispensable for anyone seeking the Supreme Court’s intervention under Article 136. The core principles include:

  • A 90‑day limitation period under Section 28 of the Limitation Act.

  • Possibility of extension under Section 5, subject to sufficient cause.

  • Strict judicial scrutiny on condonation of delay.

  • Importance of procedural compliance when learning how to file SLP.

Adhering to these timelines and procedural safeguards enhances the prospects of effective legal remedy without procedural dismissals due to delay.