Introduction: Frequently Asked Questions (FAQs) on Special Leave Petition (SLP) in Supreme Court
A Special Leave Petition (SLP) is one of the most powerful and frequently invoked constitutional remedies in India, enabling aggrieved parties to approach the Supreme Court of India against judgments or orders passed by High Courts and tribunals. Governed by Article 136 of the Constitution of India, an SLP allows the Supreme Court to grant special permission to hear an appeal in cases involving substantial questions of law, constitutional interpretation, or grave miscarriage of justice.
Why Special Leave Petitions Create Practical Questions
Given the discretionary nature of SLP jurisdiction, litigants, lawyers, and legal researchers often have practical questions about maintainability, grounds, limitation period, filing procedure, interim relief, admission, dismissal, costs, and post-admission consequences.
- Maintainability of a Special Leave Petition
- Grounds for filing an SLP
- Limitation period and timelines
- Filing procedure and documentation
- Interim relief and stay of orders
- Admission or dismissal of SLP
- Costs and post-admission consequences
Common Confusions About SLP and Other Legal Remedies
Confusion also commonly arises regarding the difference between SLP and appeal, SLP vs review petition, and SLP vs curative petition, as well as whether an SLP can be filed in criminal, civil, arbitration, tax, family court, or tribunal matters.
| Topic of Confusion | Common Questions Raised |
|---|---|
| SLP and Appeal | Difference between SLP and appeal |
| SLP and Review Petition | SLP vs review petition |
| SLP and Curative Petition | SLP vs curative petition |
| Types of Cases | Criminal, civil, arbitration, tax, family court, or tribunal matters |
Scope of This FAQ Guide on Special Leave Petition
This comprehensive FAQ guide on Special Leave Petition (SLP) in the Supreme Court is designed to answer all such queries in a clear, structured, and legally accurate manner.
It covers everything from who can file an SLP, how to file SLP online or through an Advocate on Record (AOR), timelines and limitation, interim stay and urgent listing, to what happens after admission or dismissal o
Frequently Asked Questions (FAQs) on Special Leave Petition (SLP) in Supreme Court
General Questions on Special Leave Petition
What is special leave petition in Supreme Court?
A Special Leave Petition (SLP) is a petition filed before the Supreme Court of India under Article 136 of the Constitution, seeking special permission to appeal against a judgment, decree, or order passed by any court or tribunal in India.
What does SLP mean in the Supreme Court?
SLP means Special Leave Petition. It is a legal remedy that allows the Supreme Court to grant leave to hear an appeal in cases involving substantial legal issues or grave injustice.
What is an SLP under Article 136?
An SLP under Article 136 of the Constitution of India empowers the Supreme Court to grant special permission to appeal against orders of any court or tribunal, except those related to armed forces courts.
What is the purpose of a special leave petition?
The purpose of an SLP is to ensure justice where no regular appeal is available, or where a case involves a substantial question of law, constitutional interpretation, or gross miscarriage of justice.
Is an SLP a right or a privilege?
An SLP is not a matter of right. It is a discretionary privilege granted by the Supreme Court, which may choose to admit or dismiss the petition based on the merits of the case.
When can you file a special leave petition?
A Special Leave Petition can be filed after a final judgment, decree, or order is passed by a High Court or tribunal, subject to the prescribed limitation period.
Can you file SLP against any court order?
An SLP can be filed against most judgments or orders of High Courts or tribunals, but it cannot be filed against purely interlocutory orders unless exceptional circumstances exist.
Can SLP be filed against tribunal orders?
Yes, an SLP can be filed against orders passed by tribunals if no statutory appeal lies and the matter involves significant legal or constitutional issues.
Can SLP be filed against a military court order?
No, Article 136 expressly excludes judgments or orders passed by courts or tribunals constituted under laws relating to the armed forces.
Maintainability and Grounds for SLP
On what grounds is an SLP maintainable?
An SLP is maintainable on grounds such as substantial questions of law, constitutional issues, grave miscarriage of justice, violation of principles of natural justice, or manifest illegality.
When will the Supreme Court entertain an SLP?
The Supreme Court will entertain an SLP when it is satisfied that the case involves exceptional circumstances warranting its intervention, beyond ordinary appellate review.
What is meant by “substantial question of law” for SLP?
A substantial question of law refers to a significant legal issue affecting the interpretation of law, public importance, or consistency in judicial decisions.
Can gross miscarriage of justice be a ground for SLP?
Yes, the Supreme Court may grant leave where the impugned judgment results in gross miscarriage of justice or violates fundamental legal principles.
Is factual re-examination allowed in SLP?
Generally, the Supreme Court does not re-examine facts in an SLP. However, factual scrutiny may occur if findings are perverse or unsupported by evidence.
Can you raise new facts in an SLP?
New facts are ordinarily not allowed to be raised in an SLP unless they are essential for justice and could not have been raised earlier despite due diligence.
Who Can File and Representation in SLP
Who can file a special leave petition?
Any person aggrieved by a judgment, decree, or order of a High Court or tribunal may file a Special Leave Petition before the Supreme Court.
Can a party file SLP without a lawyer?
A party may appear in person, but filing and arguing an SLP generally requires compliance with Supreme Court rules, including engagement of an Advocate on Record.
Is an Advocate on Record (AOR) required to file SLP in the Supreme Court?
Yes, under Supreme Court Rules, an Advocate on Record (AOR) is mandatory for filing and conducting an SLP before the Supreme Court.
Can a foreign national file an SLP in India?
Yes, a foreign national can file an SLP in India if they are an aggrieved party, subject to Indian procedural laws and representation through an Advocate on Record.
Can an accused file SLP in criminal matters?
Yes, an accused person can file an SLP in criminal cases against conviction, sentence, or denial of bail, subject to Supreme Court discretion.
Procedure and Filing of Special Leave Petition
How to file a special leave petition in the Supreme Court?
A Special Leave Petition is filed by preparing the SLP petition, annexing required documents, drafting grounds, and filing it through an Advocate on Record (AOR) at the Supreme Court Registry, either physically or through the e-filing system.
What is the format of an SLP?
The format of an SLP includes a cause title, synopsis, list of dates, questions of law, grounds of appeal, prayer clause, affidavit, and annexures, as prescribed under the Supreme Court Rules.
What documents are required for filing SLP?
Documents required for filing an SLP include the impugned judgment or order, pleadings before lower courts, relevant annexures, vakalatnama, affidavit, and certified copy of the judgment where applicable.
How many copies of SLP do I need to file?
Generally, multiple paper book copies of the SLP are required as per Supreme Court Registry rules, including copies for the court, respondents, and record purposes.
Can SLP be filed online on the Supreme Court website?
Yes, SLPs can be filed online through the Supreme Court of India e-filing portal, subject to compliance with procedural requirements and verification by the Advocate on Record.
How to draft grounds of an SLP?
Grounds of an SLP should clearly highlight errors of law, constitutional issues, miscarriage of justice, or jurisdictional defects in the impugned judgment, avoiding repetition of factual arguments.
What is the role of synopsis and index in an SLP?
The synopsis provides a concise overview of the case, while the index lists documents and annexures, helping the court quickly understand and navigate the petition.
Does SLP require a certified copy of the High Court judgment?
Yes, a certified copy of the High Court or tribunal judgment is generally required for filing an SLP, unless exempted by the Supreme Court Registry in specific circumstances.
How to verify and notarize an SLP affidavit?
The affidavit accompanying the SLP must be sworn before a notary public or oath commissioner and verified as per Supreme Court Rules and applicable procedural law.
How to file SLP in person at the Supreme Court Registry?
Filing in person requires submission of the complete SLP set through an Advocate on Record at the filing counter of the Supreme Court Registry in New Delhi.
Can SLP be filed through a local counsel?
A local counsel may assist in drafting, but the SLP must be filed and conducted by a registered Advocate on Record of the Supreme Court.
Limitation Period and Timelines for SLP
What is the limitation period for filing an SLP?
The limitation period for filing an SLP is generally 90 days from the date of the High Court judgment or 60 days from the order refusing a certificate of fitness, subject to rules and exclusions.
How long after a High Court judgment can I file SLP?
An SLP can usually be filed within 90 days from the date of the High Court judgment, excluding time spent in obtaining certified copies, if applicable.
Can the Supreme Court condone delay in filing SLP?
Yes, the Supreme Court may condone delay in filing an SLP if sufficient cause is shown through a properly drafted application for condonation of delay.
How long does it take for SLP to be listed?
An SLP is usually listed within a few weeks after filing, depending on registry scrutiny, defects clearance, and court workload.
How long does an SLP hearing take?
The admission hearing of an SLP is generally brief and may take only a few minutes, unless the court decides to hear the matter at greater length.
How long does the Supreme Court take to decide admission of SLP?
The Supreme Court may decide admission of an SLP on the first hearing or after issuing notice, depending on the complexity and importance of the case.
Interim Reliefs and Stay in Special Leave Petition
Can I get a stay of order by filing SLP?
Merely filing an SLP does not grant a stay. A stay of the impugned order is granted only if the Supreme Court specifically passes an interim stay order.
How to get interim relief in SLP?
Interim relief in an SLP is sought by filing a separate interim application explaining urgency, irreparable harm, and balance of convenience, which the Supreme Court may consider at admission or after notice.
Can temporary injunction be granted with SLP?
Yes, the Supreme Court may grant temporary injunctions or protective orders in an SLP if exceptional circumstances justify immediate intervention.
Does filing SLP automatically stay the lower court order?
No, filing an SLP does not automatically stay the lower court or tribunal order. A specific stay order must be obtained from the Supreme Court.
How to urge urgent listing for SLP and interim relief?
Urgent listing is requested by mentioning the matter before the appropriate Supreme Court bench through the Advocate on Record, citing urgency and imminent harm.
Outcomes and Post-Order Consequences of SLP
What happens if SLP is dismissed?
If an SLP is dismissed, the judgment of the lower court or tribunal remains final and binding. Dismissal does not amount to affirmation of the reasoning unless stated otherwise.
What happens if SLP is admitted?
When an SLP is admitted, the Supreme Court grants leave and the petition is converted into a civil or criminal appeal for final hearing.
Can SLP be converted into a review petition?
No, an SLP cannot be converted into a review petition. Review petitions lie only against Supreme Court judgments, not against High Court or tribunal orders.
Can I withdraw my SLP after filing?
Yes, an SLP may be withdrawn with the permission of the Supreme Court, usually through a withdrawal application filed by the Advocate on Record.
Can SLP be restored after dismissal?
Restoration of a dismissed SLP is generally not permitted unless dismissal occurred due to procedural defects or non-appearance, and sufficient cause is shown.
Can costs be awarded in SLP?
Yes, the Supreme Court has the discretion to impose costs while dismissing or allowing an SLP, especially in cases of frivolous or vexatious litigation.
Special Leave Petition in Criminal Matters
Can SLP be filed in criminal cases?
Yes, SLP can be filed in criminal cases against judgments relating to conviction, acquittal, sentence, or bail passed by High Courts.
Can bail be obtained by filing an SLP?
Bail is not automatic on filing an SLP. However, the Supreme Court may grant bail as interim relief if circumstances justify such relief.
Can conviction be challenged by SLP?
Yes, a conviction passed by a High Court can be challenged by filing an SLP before the Supreme Court.
Can SLP be filed against acquittal or conviction?
Yes, an SLP can be filed against both acquittal and conviction orders, subject to the Supreme Court’s discretion and established legal principles.
Special Leave Petition in Civil and Commercial Matters
Can SLP be filed against family court orders?
Yes, SLP can be filed against final orders of Family Courts if the matter involves substantial legal issues or miscarriage of justice.
Can SLP be filed against arbitration awards?
An SLP can be filed against High Court orders relating to arbitration awards, but not directly against arbitral awards unless permitted by law.
Can SLP be filed against consumer forum orders?
Yes, SLP can be filed against final orders of consumer commissions if no statutory appeal lies or exceptional circumstances exist.
Can SLP be filed against tax tribunal orders?
Yes, SLPs may be filed against tax tribunal orders when substantial questions of law or constitutional issues are involved.
Relationship of SLP with Other Legal Remedies
What is the difference between SLP and ordinary appeal?
An ordinary appeal is a statutory right provided by law, whereas an SLP is a discretionary remedy under Article 136, granted only when the Supreme Court finds exceptional grounds.
SLP vs review petition: which one to file?
A review petition is filed before the same court that passed the judgment, while an SLP is filed before the Supreme Court. Generally, review is filed first if permissible, before approaching the Supreme Court.
SLP vs curative petition: what is the difference?
An SLP challenges orders of lower courts, whereas a curative petition is filed only against final judgments of the Supreme Court after dismissal of a review petition.
Can you file SLP after filing a review in Supreme Court?
No, an SLP is filed against High Court or tribunal orders. Review and curative petitions are remedies available only after a Supreme Court judgment.
Can SLP be filed instead of writ petition?
An SLP is not a substitute for a writ petition. Writ jurisdiction and SLP jurisdiction serve different constitutional purposes and remedies.
Is SLP a substitute for appeal?
No, an SLP is not a substitute for an appeal. It is an extraordinary discretionary remedy invoked only when statutory appeals are exhausted or unavailable.
Practical and Tactical Questions on SLP
How expensive is it to file an SLP?
The cost of filing an SLP varies depending on court fees, Advocate on Record charges, briefing counsel fees, and complexity of the case.
What are court fees for SLP in the Supreme Court?
Court fees for filing an SLP are nominal as prescribed under Supreme Court Rules, but professional fees form the major component of expenses.
Can I file SLP pro se (in person)?
Although a party may appear in person, filing and conducting an SLP requires an Advocate on Record as per Supreme Court Rules.
How to find an Advocate on Record for SLP?
An Advocate on Record can be found through the Supreme Court website, legal directories, or referrals from High Court advocates.
Can a High Court lawyer appear in SLP?
A High Court lawyer may argue the case with permission, but the SLP must be filed and conducted through an Advocate on Record.
Can you amend grounds of SLP after filing?
Yes, grounds of SLP may be amended with the permission of the Supreme Court by filing an appropriate application.
What is the success rate of SLP admissions?
Admission rates for SLPs are relatively low, as the Supreme Court exercises strict discretion and admits only cases involving exceptional circumstances.
What documents should I prepare before approaching an AOR?
Parties should prepare the impugned judgment, pleadings, evidence, certified copies, limitation details, and a brief case note before approaching an Advocate on Record.
Drafting and Technical Aspects of SLP
What should be included in an SLP memo?
An SLP memo should include the cause title, synopsis, list of dates, questions of law, grounds, prayer, affidavit, and annexures.
How to write the cause title in SLP?
The cause title must clearly mention parties, their status, jurisdiction, and details of the impugned judgment as per Supreme Court Rules.
How to cite judgments in SLP?
Judgments should be cited using standard law report citations and relevant paragraphs should be specifically referred to.
How to prepare list of dates and facts for SLP?
The list of dates and facts should present a chronological summary of events, orders, and proceedings in a concise and clear manner.
How to prepare paper book for SLP?
The paper book must be compiled with proper indexing, pagination, and certified copies of all relevant documents as per registry requirements.
What is a paper book and how many volumes are allowed?
A paper book is a bound compilation of pleadings and annexures. Multiple volumes may be permitted depending on the size of the record.
Registry, Listing, and Procedure After Filing SLP
How to check status of an SLP online?
The status of an SLP can be checked online through the Supreme Court of India case status portal using the diary or case number.
How to know when my SLP is listed?
Listing details are published in the daily cause list available on the Supreme Court website.
How to expedite listing of SLP?
Expedited listing can be requested by filing an urgency application and mentioning the matter before the appropriate bench.
What is mentioning before a Supreme Court judge for SLP?
Mentioning is a short oral request made by the Advocate on Record to seek urgent listing or interim relief in an SLP.
What happens at the admission stage of SLP?
At the admission stage, the Supreme Court decides whether to grant leave to appeal or dismiss the SLP without issuing notice.
Special Situations and Edge Cases in SLP
Can SLP be filed against interim orders?
Yes, SLP can be filed against interim orders, but the Supreme Court exercises caution and intervenes only in exceptional cases.
Can SLP be filed against contempt orders?
Yes, SLP may be filed against contempt orders of High Courts, subject to constitutional limitations and judicial discretion.
Can SLP be filed against electoral disputes?
SLPs in electoral disputes are generally restricted due to constitutional provisions, except in cases of grave legal violations.
Can SLP be filed after settlement between parties?
Yes, an SLP may be filed after settlement, but the Supreme Court may dispose of the matter based on the terms of settlement.
Can SLP be filed against ex parte orders?
Yes, SLP can be filed against ex parte orders if such orders result in serious prejudice or miscarriage of justice.
International and Jurisdictional Queries on SLP
Can Supreme Court grant leave in matters involving foreign law?
Yes, the Supreme Court can grant leave in matters involving foreign law if the dispute falls within Indian jurisdiction and raises substantial questions of law or issues affecting justice in India.
Can SLP be filed in matters involving arbitration seated outside India?
An SLP may be filed against orders of Indian courts relating to foreign-seated arbitration, but not directly against awards passed outside India, subject to applicable arbitration laws.
Other Common Questions on Filing and Hearing of SLP
How to file SLP in Supreme Court India step by step?
Filing an SLP involves preparing the petition, annexing required documents, engaging an Advocate on Record, filing through the Supreme Court registry or e-filing portal, and attending the admission hearing.
Can I file SLP online without going to Delhi?
Yes, SLPs can be filed online through the Supreme Court e-filing system, and personal presence in Delhi is generally not required unless directed by the court.
What is the difference between SLP and appeal in simple words?
An appeal is a legal right given by law, while an SLP is a special permission granted by the Supreme Court only in exceptional cases.
Who is allowed to sign SLP in Supreme Court?
The SLP is signed by the Advocate on Record and supported by an affidavit sworn by the petitioner or authorized person.
What is meant by admission of SLP?
Admission of an SLP means that the Supreme Court has granted leave to appeal and agreed to hear the case on merits.
When SLP is admitted what next?
Once admitted, the SLP is converted into a civil or criminal appeal, notices are issued, and the case proceeds for final hearing.
How to cancel an SLP hearing?
An SLP hearing can be cancelled or adjourned by filing an appropriate application through the Advocate on Record, subject to court approval.
How to oppose an SLP filed by other party?
An SLP may be opposed by filing a counter affidavit and making submissions at the admission stage through an Advocate on Record.
Can I ask for urgent hearing in SLP by telephone mentioning?
Urgent hearing is generally sought through formal mentioning by the Advocate on Record; telephone mentioning is permitted only as per court directions or exceptional circumstances.
Is presence required in Supreme Court for SLP hearing?
Personal presence of parties is usually not required, as arguments are addressed by advocates unless the court specifically directs otherwise.
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