What is Special Leave to Appeal (SLP) Under Article 136?
Special Leave to Appeal (SLP) is a unique power of the Supreme Court of India under Article 136 of the Constitution. It allows the Supreme Court to hear appeals from any judgment, order, or decision of any court or tribunal (except military courts).
Think of it like a “special permission” to ask the SC for justice when lower courts fail. But it’s not a right—it’s up to the SC to accept or reject the appeal.
In Simple Words:
SLP is like a VIP pass to the Supreme Court! 🎫
- If a person does not get justice from lower courts or High Courts, they can request the Supreme Court to hear their case.
- However, the Supreme Court has full discretion to accept or reject the appeal.
- It is not a right, meaning you cannot demand it—the Supreme Court will only grant it in special and exceptional cases.
🔹 When Can You File an SLP?
✅ If a High Court gives a judgment against you.
✅ If a High Court refuses to hear your appeal.
✅ If you face gross injustice or a major legal issue is involved.
✅ If the case is civil, criminal, tax-related, labor-related, revenue-based, or any other matter.
✅ Even temporary (interlocutory) orders can be challenged.
🔹 Time Limit to File SLP:
📌 90 days from the date of judgment of the High Court.
📌 60 days if the High Court refuses to grant permission to appeal in SC.
🔹 Who Can File SLP?
🔹 Anyone who is unhappy with a High Court decision—whether in a civil or criminal case.
🔹 How to File an SLP?
📌 Step 1: Prepare the petition with all important facts and legal reasons.
📌 Step 2: An Advocate-on-Record (a lawyer authorized to file in SC) must sign the petition.
📌 Step 3: Declare that no other petition on this case has been filed in any High Court.
📌 Step 4: SC will review the case and decide if it should be heard.
📌 Step 5: If SC allows, the opposite party will get a chance to respond.
📌 Step 6: After hearing both sides, SC will either accept or reject the appeal.
🔹 Why is SLP Important?
🚀 Gives people a last chance for justice when High Courts fail.
🚀 Covers all types of cases—not just criminal or civil.
🚀 Ensures legal errors and injustice are corrected.
🚀 Strengthens the power of the Supreme Court to protect citizens' rights.
Key Features of SLP:
✅ Discretionary Power – The Supreme Court decides whether to accept or reject the appeal. You cannot demand it as a right.
✅ Covers All Types of Cases – Whether it's civil, criminal, tax, labor, revenue, or constitutional matters, SLP applies to everything.
✅ Can Be Against Any Court or Tribunal – You can appeal against any court or tribunal in India, not just the High Court (except military courts).
✅ No Fixed Rules for Granting SLP – The Supreme Court has said this power is exceptional and should be used sparingly, only in rare and extraordinary cases.
Example to Understand SLP Easily
🔹 Case 1: Suppose a person is wrongly convicted of a crime by the High Court. He believes the decision is unfair.
👉 He can file an SLP in the Supreme Court to request a review of the judgment.
🔹 Case 2: A businessman loses a tax case in the Income Tax Tribunal and the High Court refuses to hear his appeal.
👉 He can approach the Supreme Court through SLP.
However, in both cases, the Supreme Court may accept or reject the petition depending on the importance and impact of the case.
🚀 Special Leave Petition (SLP) – Flowchart
Here’s a simple flowchart to understand the process of filing an SLP:
Start
↓
High Court gives a judgment or refuses to hear an appeal
↓
Is the person unhappy with the decision?
↓ Yes
↓
Can the case be appealed normally? → No → File SLP in Supreme Court
↓
Prepare SLP with all facts & legal grounds
↓
Advocate-on-Record signs the petition
↓
Submit SLP in the Supreme Court
↓
Supreme Court reviews the case
↓
Does SC find it important?
↓ Yes
↓
SC asks the opposite party to respond
↓
SC conducts hearings
↓
Does SC find the case strong?
↓ Yes
↓
SC accepts the case for full hearing → Appeal continues
↓
No
↓
SC rejects the SLP → Case is closed
End
Conclusion
SLP is a powerful legal tool that lets the Supreme Court act as the final guardian of justice. But remember, it is not an automatic right—the Supreme Court grants it only in exceptional cases!
