SPECIAL LEAVE TO APPEAL TO SUPREME COURT
Special leave petition (SLP) is an appeal against the order/judgment of the Trial Court or High Court, heard by the Supreme Court of India. It is said to be a form of a petition filed for an appeal. It is a special permission taken by the petitioner to be heard before the Supreme Court. After hearing the matter, the Supreme Court may grant the leave and convert the said petition in to an appeal. It is a right of an aggrieved person to be heard by the apex court and same can be obtained by filing a SLP in the Supreme Court.
The appeal can be classified into special category, and it shall not follow the general hierarchy of courts. Article 136 of the Constitution of India grants Special leave petition to be filed in the Supreme Court arising from the order/judgment of any court in the territory of India.
Article 136- Special leave to appeal by the Supreme Court
(1) Notwithstanding anything in this Chapter, 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
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
SLP can be filed against:
- Any order or judgment passed by any Trial Court or High Court in the territory of India.
- The approach of the trial court or high court in the order/judgment given is inappropriate or wrong.
- The grant of fitness certificate is denied by the High Court for appeal to the Supreme Court.
- Serious legal weakness or inadequate legal approach etc
Limitation
SLP shall be filed within 90 days from the date of order/judgment. The time period for filing SLP is also flexible depending on the discretion of the Supreme Court. An appeal against the order for Refusal of grant of fitness certificate shall be filed within 60 days in the Supreme Court.
Contents
The SLP contains a brief synopsis of facts and grounds of a case which shall help in understanding of the court for admission or dismissal of the petition. The said petition shall be signed by an advocate on record. It shall also contain the certified copy of the judgment of the court below along with the documents/evidences bought up before the trial court. No new facts shall be bought up in the SLP filed before the Supreme Court, which have not been pleaded before the court below.
Scope
The Supreme Court has its own discretion to entertain SLP depending upon its relevancy. It is the discretionary power of the Supreme Court to grant Special leave petition or dismiss the same. An aggrieved party approaches the apex court against order of the Trial court or High court regarding any civil, criminal or constitutional issue etc.
The definition and power of the Supreme Court in this nature is not limited. The leave is granted by the Supreme Court only in exceptional cases. Appeal made to the Supreme Court is not merely a right but a privilege to an individual whose right and liberty are affected or denied.
Article 133 of the Constitution of India provides for civil appeal arising from the order /judgment of the High court and Article 134 of the Constitution of India provides for criminal appeal.
The appeal must contain a substantial question of law, legal error, wrong facts or findings arrived, contractions with the settled principle of law etc in order to be admitted by the Supreme Court.
The Supreme Court of India enjoys extraordinary jurisdiction given by the constitution to rectify legal errors committed by the courts below.
Conclusion
Special leave petition is a constitutional remedy. It holds an important place in the Indian Judicial System. Supreme Court has purpose of laying down law for the court below all over the country. It possesses residual powers to be exercised only in the case of gross injustice or error of law or when a substantive question of law is involved. Its main purpose is correcting the miscarriage of justice by using the discretionary powers.
When the apex court senses that some injustice is committed it would interfere and grant special leave. The order of the Supreme Court has a binding effect deciding the law on the subject matter. However, it is not necessary that it will be a binding precedent.
