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Special Leave Petition (SLP) – Extraordinary Appellate Jurisdiction of the Supreme Court

Special Leave Petition (SLP) – Extraordinary Appellate Jurisdiction of the Supreme Court

Special Leave Petition (What is it?)

  • A Special Leave Petition (SLP) is a petition seeking permission from the Supreme Court to appeal against a judgment, decree, determination, sentence or order passed by a court or tribunal in India.
  • It is provided under Article 136 of the Constitution.
  • SLP is not a regular right of appeal; it is a discretionary power of the Supreme Court.
  • The Supreme Court may grant special leave where it considers that the case warrants its intervention.
  • It can generally be invoked against decisions of courts and tribunals, subject to constitutional and statutory limitations.

Key Features of SLP (What makes it different?)

1. Discretionary Jurisdiction:

  • Article 136 does not confer an automatic right of appeal.
  • The Supreme Court decides whether to grant special leave.

2. Wide Constitutional Scope:

  • It can be invoked against decisions of courts and tribunals across India.
  • However, it is an extraordinary jurisdiction, intended to be exercised sparingly.

3. Two-Stage Process:

  • Stage 1: Petitioner seeks special leave to appeal.
  • Stage 2: If leave is granted, the matter becomes an appeal before the Supreme Court.

4. Not Available Against Everything:

  • Article 136 excludes decisions relating to courts or tribunals constituted under laws relating to the Armed Forces.

5. No Fundamental Right to SLP:

  • Unlike certain statutory appeals, an individual cannot claim SLP as an automatic entitlement.
  • Its admission depends upon the Supreme Court’s discretion.

SLP vs Regular Appeal

BasisSLPRegular Appeal
Constitutional basisArticle 136Depends on Constitution/statute
NatureDiscretionaryGenerally governed by statutory/constitutional right
Supreme Court’s roleFirst decides whether to grant leaveHears appeal where jurisdiction exists
ScopeVery wideDefined by relevant law
PurposeExceptional interventionOrdinary appellate review

Conclusion

SLP represents the Supreme Court’s extraordinary appellate jurisdiction, enabling it to intervene beyond ordinary avenues of appeal while retaining discretion over which cases merit its consideration.

This Concept has been Elaborately Discussed in the following Article:

A Court divided by its own architecture