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
| Basis | SLP | Regular Appeal |
| Constitutional basis | Article 136 | Depends on Constitution/statute |
| Nature | Discretionary | Generally governed by statutory/constitutional right |
| Supreme Court’s role | First decides whether to grant leave | Hears appeal where jurisdiction exists |
| Scope | Very wide | Defined by relevant law |
| Purpose | Exceptional intervention | Ordinary 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 |