By Harsh Singh Dahiya, Advocate, Supreme Court of India | Partner, Sterling & Partners

Most litigation in India ends at the High Court. But when a judgment is wrong in law, causes grave injustice, or raises a constitutional question that demands authoritative resolution, the Constitution of India provides a mechanism to seek the intervention of the highest court in the land. That mechanism is the Special Leave Petition, commonly known as the SLP.

What Is a Special Leave Petition and What Does Article 136 Say?

Article 136 of the Constitution of India vests the Supreme Court with a special, extraordinary, and discretionary power to grant leave to appeal against any judgment, decree, determination, sentence, or order passed or made by any court or tribunal in the territory of India.

A few features of Article 136 deserve emphasis. First, it is not a right of appeal. The Supreme Court may grant or refuse leave entirely at its discretion. Second, the jurisdiction is extraordinarily broad. The only explicit exclusion is any court or tribunal constituted under any law relating to the Armed Forces.

Grounds for Filing an SLP

  • A substantial question of general importance or constitutional significance.
  • A conflict between judgments of two or more High Courts on the same point of law.
  • A perverse finding of fact reached by ignoring material evidence.
  • Grave injustice caused by procedural irregularities amounting to denial of a fair hearing.
  • An erroneous interpretation of a statute having wide public consequences.

Who Can File and What Is the Timeline?

Any person aggrieved by a judgment or order of any court or tribunal in India may file an SLP. The limitation period under Order XXI of the Supreme Court Rules, 2013 is 90 days from the High Court judgment, or 60 days from refusal of a certificate of fitness for appeal.

Documents Required

  • The petition in Form No. 28, containing synopsis, list of dates, questions of law, and prayer.
  • A certified copy of the impugned judgment or order.
  • Copies of all pleadings from the court below.
  • An affidavit by the petitioner verifying the petition.
  • A Vakalatnama executed in favour of the AOR.
  • A condonation of delay application if filing after limitation.

Common Mistakes to Avoid

  • Filing without a certified copy of the impugned judgment.
  • Omitting mandatory declarations or filing them inaccurately.
  • Failing to disclose a prior SLP challenging the same order.
  • Filing beyond limitation without a condonation application.
  • Seeking interim relief in a separate application instead of in the main petition.

Key Takeaways

  • Article 136 gives the Supreme Court discretionary power to grant leave to appeal from any Indian court or tribunal.
  • Limitation: 90 days from the High Court judgment; 60 days from refusal of certificate.
  • Only an Advocate-on-Record (AOR) can file before the Supreme Court.
  • The petition must be in Form No. 28 of the Supreme Court Rules, 2013.
  • The threshold is high — demonstrate a substantial legal question or grave injustice.

About Sterling & Partners
Sterling & Partners is a litigation-focused law firm with chambers at the Supreme Court of India, New Delhi. Visit sterlingpartners.law.