How to File a Special Leave Petition: A Practical Guide

A Special Leave Petition (SLP) under Article 136 of the Constitution of India is the primary means by which litigants approach the Supreme Court after exhausting their remedies before a High Court or tribunal. It is one of the most filed categories of matters in the Supreme Court, and also one of the most misunderstood. This guide explains the constitutional basis, the conditions for filing, the documents required, the procedure, and what happens after filing.

Article 136 of the Constitution of India provides: “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.”

Several features of this provision are significant:

“In its discretion”: An SLP is not an appeal as of right, it is a discretionary remedy. The Supreme Court is not required to hear every SLP filed. The court has stated that it exercises this jurisdiction sparingly, typically where there is a question of law of general or public importance, a manifest miscarriage of justice, or a conflict between different High Courts on the same question.

“Any court or tribunal”: The jurisdiction extends to judgments and orders of all courts below the Supreme Court, High Courts, subordinate civil and criminal courts, and all tribunals (NCLAT, NCLT, SAT, CESTAT, Income Tax Appellate Tribunal, Armed Forces Tribunal, etc.). There is no restriction on the type of court or tribunal whose order can be challenged.

“Any judgment, decree, determination, sentence or order”: The scope covers final judgments and also interlocutory orders, though the Supreme Court exercises caution before entertaining SLPs against purely procedural or interlocutory orders.

When to File an SLP

An SLP should be filed after exhausting remedies before the High Court. Ordinarily:

• After the High Court has dismissed a writ petition (or an appeal) finally
• After the High Court’s Division Bench has upheld a Single Bench order (where the appropriate HC procedure has been followed)
• After the High Court has refused to grant leave to appeal
• Against a tribunal’s order where the High Court has refused leave or where the tribunal’s order is directly challenged (for tribunals whose statutory scheme provides for direct Supreme Court challenge)

An SLP should not be filed directly if an alternative remedy before the High Court has not been availed, the Supreme Court regularly dismisses SLPs on the ground that the petitioner had not approached the High Court first.

Limitation Period

Time limits:

• Against a High Court judgment in a civil matter: 90 days from the date of the judgment
• Against a High Court order in a civil matter: 60 days from the date of the order
• Against a High Court judgment or order in a criminal matter: 60 days from the date of the judgment or order

These periods run from the date of the HC order, not from the date on which the certified copy is received.

Condonation of delay: Section 5 of the Limitation Act, 1963 applies to SLP filing, a petitioner who files beyond the limitation period must file an application for condonation of delay, supported by an affidavit explaining the reasons for delay. The Supreme Court applies the test of “sufficient cause”, delay caused by events outside the petitioner’s control (serious illness, difficulty obtaining certified copy, postal delay) may be condoned; delay caused by deliberate inaction or negligence in pursuing the matter is less likely to be condoned. The number of days of delay must be specifically stated.

Documents Required

The following documents must accompany an SLP:

1. Certified copy of the impugned order/judgment: This is an absolute requirement. The Supreme Court Registry will not accept an SLP without a certified copy of the order being challenged. The certified copy must be obtained from the High Court’s copying branch. In urgent cases, a certified copy can be applied for and obtained on an expedited basis (same day or next day) from most High Courts.
2. Interim orders passed by the High Court: All interim orders passed in the case, particularly any stay orders or directions that are currently operative.
3. All annexures forming part of the HC record: Documents that were before the High Court and are referred to in the impugned order, these are attached as annexures to the SLP, numbered chronologically.
4. Synopsis and list of dates: A chronological summary of events from the origin of the dispute to the impugned order, with dates. This is a critical document, it allows the judges to quickly understand the background of the case.
5. Memo of parties: Full details of all petitioners and respondents, name, address, capacity, and whether individuals, companies, or statutory bodies.
6. Grounds of the SLP: The substantive content of the petition, the grounds on which the Supreme Court is asked to grant leave and interfere with the HC order. Strong grounds include: substantial question of law of general or public importance; manifest miscarriage of justice; the HC having exceeded its jurisdiction; conflict between different HC decisions on the same point of law.
7. Vakalatnama: Signed by the petitioner(s) in favour of the AOR. Must be signed personally by the petitioner or, if the petitioner is a company, by the authorised representative of the company (typically under a board resolution).
8. Application for condonation of delay (if filing beyond the limitation period): Supported by an affidavit.
9. Interim application for stay/injunction (if urgent relief is needed immediately): This is filed along with the SLP and asks the court to stay the impugned HC order pending hearing of the SLP.

Format and Grounds

The grounds in an SLP must make out a case for the Supreme Court to grant special leave. Generic grounds (“the impugned order is wrong”) are insufficient. The petition should identify:

• The specific legal errors in the HC judgment
• Any question of law that requires determination by the Supreme Court
• Any conflict with binding Supreme Court precedent
• Any violation of constitutional rights
• Any error of jurisdiction (the HC went beyond what it was entitled to decide)

Filing at the Supreme Court Registry

SLPs are filed at the Filing Counter of the Supreme Court of India (Supreme Court Compound, Tilak Marg, New Delhi). The filing process:

10. The AOR presents the complete set of documents to the Registry
11. Registry scrutiny: the Registry checks that all required documents are present, format is correct, and court fee is paid
12. Defects: if the Registry identifies formal defects (missing document, incorrect format), it issues a defect memo; defects must be cured within the specified period
13. Listing: once accepted, the SLP is registered and assigned to a bench for hearing; it will be listed for a preliminary (admission) hearing

E-filing: The Supreme Court has implemented an e-filing system (efiling.sci.gov.in) through which AORs can file documents electronically. Physical filing is still required for originals, but e-filing is increasingly the primary mode.

Mentioning for Urgent Listing

When a matter requires urgent hearing, demolition ordered, deportation imminent, execution of a penal sentence, the AOR can mention the matter before the CJI’s bench at the start of the court day (10:30 AM) to request urgent listing. This oral mention (discussed in detail in a separate article on urgent mention procedure) can result in same-day or next-day listing.

What Happens After Filing: The Admission Hearing

At the admission hearing, a bench (typically of two judges) considers whether to grant leave to appeal. The petitioner’s counsel may be called upon to address the bench briefly on why leave should be granted.

Possible outcomes:

• Leave granted: The SLP is admitted as an appeal; the case proceeds to a substantive hearing on merits
• Notice issued: The bench is not ready to decide immediately; the respondents are asked to file a reply
• Dismissed at admission: The bench declines to grant leave; the HC order stands; a review petition may be filed in the Supreme Court in very limited circumstances
• Interim relief granted: Even at the admission stage, if the court is satisfied that urgent interim relief is justified, it may stay the HC order pending the substantive hearing

Key Takeaways

• An SLP under Article 136 is a discretionary remedy, not an appeal as of right, the Supreme Court grants leave only when there is a substantial question of law, a manifest miscarriage of justice, or a jurisdictional error, and the petitioner must make out those grounds clearly in the SLP petition.
• The limitation period for filing an SLP is 90 days from a High Court judgment in civil matters (60 days for orders); delay beyond this period requires a formal condonation application supported by an affidavit establishing “sufficient cause.”
• A certified copy of the impugned HC order is a mandatory requirement for filing an SLP; no document substitutes for this, and the SLP cannot be admitted without it, petitioners should apply for the certified copy immediately upon receiving an adverse HC order.

This article is for informational purposes only and does not constitute legal advice. Readers should seek appropriate professional counsel for their specific circumstances.

META TITLE: How to File an SLP in the Supreme Court India