Recently, the Vice President of India stated that the provision of special leave petition, initially meant to be a “narrow-slit,” is now affecting the arbitral process due to its widespread use.

About Special Leave Petition (SLP)

• Origin: Concept derived from the Government of India Act, 1935 which had recognized the prerogative to grant special leave for appeals. 
• SLP: Discretionary appeal mechanism (Article 136 of the Constitution of India) allowing the SC to hear appeals against judgments, decrees, or orders of any court or tribunal. 
  • Not applicable for Armed Forces Tribunals.
• Extraordinary jurisdiction of the SC: Which enables it to address cases where no direct right of appeal exists. 
  • Laxmi & Co. v. Dr. Anant R. Deshpande (1972): The Supreme Court emphasized that during appeals under Article 136, it could consider subsequent developments to expedite proceedings, safeguard parties’ rights, and uphold justice.
  • Kerala State Electricity Board v. Kunhayammed (2000): Dismissal of an SLP (Special Leave Petition) without reasons does not constitute res judicata or a declaration of law under Article 141. 
    • Such dismissal does not imply the Supreme Court’s endorsement of the lower court’s decision.
  • N. Suriyakala v. A. Mohandoss & Ors. (2007): Reaffirmed that Article 136 of the Constitution does not establish an ordinary court of appeal but confers broad discretionary powers on the Supreme Court to intervene to meet the ends of justice, rather than conferring a right of appeal on litigating parties.
• Discretionary/optional power of the SC: It is granted solely at the discretion of the SC, which may deny leave without providing reasons. 
  • The aggrieved party can’t affirm a special leave to offer under Article 136 as a right.
• Eligibility: Any aggrieved party can file an SLP against a judgment or order of a High Court or tribunal, especially where: 
  • A certificate of fitness for appeal to the SC has been denied. 
  • Substantial questions of law or injustice are involved. 
• An SLP can be filed for both civil and criminal matters. 
• Time Limit to File a SLP: An SLP can be filed within 90 days from the date of a High Court’s judgment. 
  • If the High Court refuses to grant a certificate of fitness for appeal to the SC, the SLP must be filed within 60 days from the date of such refusal.
  • SLP must contain all the facts upon which the SC is to decide, which revolve around the grounds on which an SLP can be filed. 
• The said petition needs to be duly signed by an Advocate-on-Record.
• The petitioner must include a statement within the SLP stating that no other petition has been filed in a High Court.
• Once the petition is filed: SC will hear the aggrieved party and depending upon the merits of the case, will allow the opposite party to state their part in a counter affidavit.
• After the hearing: If the Court deems the case fit for further hearing, it will allow the same; otherwise it will reject the appeal.

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