SLP Filing Checklist: Documents and Procedure

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What this covers: Checklist for Advocates-on-Record (AORs) and advocates assisting in the filing of a Special Leave Petition before the Supreme Court of India under Article 136 of the Constitution.

Statutory framework: Article 136, Constitution of India; Supreme Court Rules, 2013 (Order XIII, Special Leave Petitions); Limitation Act 1963 (Section 5).

Pre-Filing Checklist

A. Limitation Assessment

#	Item	Notes
1	Calculate the limitation period	From the date of the HC judgment/order: 90 days (for HC judgment in civil matters); 60 days (for HC order in civil matters or criminal matters). Count from the date of the order, not from the date of receipt of certified copy
2	Check if filing is within limitation	If within limitation: proceed to file without a delay application. If outside limitation: condonation of delay application is mandatory
3	Draft condonation application if delayed	Application must: state the exact number of days of delay; provide a chronological affidavit explaining the reasons for delay (illness, difficulty obtaining certified copy, postal disruption); attach supporting documents (doctor’s certificate, affidavit by postmaster, etc.)

B. Obtaining the Certified Copy of the Impugned HC Order

#	Item	Notes
4	Apply for certified copy at HC immediately	Apply to the HC’s copying branch / record room as soon as the adverse order is received; certified copies typically take 3-7 days in most High Courts
5	Urgent certified copy application	If limitation is tight, most High Courts have an urgent/expedited copying procedure (fee varies); certified copies can be obtained same day or next day on urgent basis in most High Courts
6	Check for complete certified copy	The certified copy must include: all pages of the judgment; the Judge’s signature and court seal; the certification by the Court Officer confirming it is a true copy
7	Obtain all related interim HC orders	All interim orders passed during the HC proceeding that are referenced in the impugned order or are currently operative must also be collected (certified copy or court copy)

C. Documents Required for SLP Filing

#	Document	Mandatory / Recommended	Notes
8	Certified copy of impugned HC judgment/order	Mandatory	Without this, the Registry will not accept the SLP
9	True copy of any lower court / tribunal orders forming part of the record	Mandatory (as annexures)	All orders below the HC order that are relevant to the grounds of challenge; arranged in chronological order
10	Synopsis and List of Dates	Mandatory	Chronological narrative of events from origin of dispute to the impugned HC order; concise (maximum 3-4 pages); written in past tense; must be accurate and complete
11	Memo of Parties	Mandatory	Full particulars of all Petitioners and Respondents: full legal name, address, designation (individual / company / government body), PIN code; for companies, CIN, registered address
12	Grounds of the SLP	Mandatory	The core document: specific legal grounds on which leave to appeal is sought; must identify: substantial question of law / manifest miscarriage of justice / jurisdictional error / conflict with SC precedent; one paragraph per ground
13	Prayer	Mandatory	The specific relief sought: grant leave to appeal; pass interim order (if any); set aside the HC order; any other specific direction
14	Vakalatnama	Mandatory	Signed personally by the Petitioner(s) in favour of the AOR; if Petitioner is a company: signed by the authorised signatory under a board resolution authorising the signatory (attach board resolution); if NRI Petitioner: can be signed before the Consulate of India; AOR’s signature below the Petitioner’s signature
15	Interim Application for Stay / Injunction	Strongly recommended (if required)	File simultaneously with SLP if the HC order is being executed or about to be executed; asks for stay of the HC order pending disposal of the SLP
16	Application for condonation of delay	Mandatory if beyond limitation period	See item 3; must be filed as a separate application; annexed to SLP
17	Court fee calculation and demand draft / online payment	Mandatory	Court fee is calculated on the value of the dispute (for civil cases) under the Supreme Court Fee Rules; prepare calculation sheet; pay online or by demand draft
18	Index of all documents	Mandatory	A complete paginated index with page numbers; Registry checks this
19	Power of Attorney (if separate from vakalatnama)	If relevant	In corporate matters where the board resolution is separate from the vakalatnama; filed separately

D. Drafting the Grounds of SLP

Grounds must demonstrate one or more of the following:

Ground	What to show
Substantial question of law	The HC has decided a legal question incorrectly and the correct legal position has implications beyond this case; cite conflicting HC decisions or SC dicta
Manifest miscarriage of justice	The HC’s finding is so clearly wrong that it has resulted in a serious injustice; specify what the injustice is
Jurisdictional error	The HC exceeded its jurisdiction, decided something it had no power to decide; writ jurisdiction exercised incorrectly
Conflict of authority	Two different High Courts have taken contradictory positions on the same legal question; this case raises that question
Constitutional issue	The HC failed to apply or misapplied a constitutional provision

E. Filing at Supreme Court Registry

#	Item	Notes
20	E-filing first (mandatory for most matters)	AOR must first upload documents on the SC e-filing portal (efiling.sci.gov.in); generate e-filing number
21	Physical filing at Registry counter	Present the physical file at the SC Registry Filing Counter with the e-filing number and complete document set; Registry scrutinises for defects
22	Handling Registry defects	If the Registry issues a defect memo: cure defects within the specified time (typically 3-5 days); if uncured, the file is returned; defects include missing documents, incorrect format, unpaid court fee
23	Urgent mention immediately after filing (if urgent)	If the matter is urgent, file first and then immediately mention before the CJI’s bench; do not file and wait for ordinary listing if there is genuine urgency
24	Case number and listing	After acceptance by Registry, SLP is assigned a case number (SLP(C) for civil; SLP(Crl) for criminal); matter is listed for admission hearing on the SC board

F. Urgent Mention Procedure (If Required)

#	Item	Notes
25	Prepare urgent mention note	One-page note: case name; parties; HC order being challenged; the imminent harm; the date by which harm will occur; relief sought urgently
26	Appear before CJI’s bench at 10:30 AM	AOR or briefed counsel; mention at the start of the day
27	Have all key documents available	Certified copy (or AOR-certified copy if certified copy not yet available); the urgent mention note

This resource is for general information purposes only and does not constitute legal advice. For advice on your specific situation, seek appropriate professional counsel.

**Corpus Lawyers

148 Lawyers Chambers, Saket Court Complex, New Delhi 110016

mail@corpuslawyers.in**

Prashant Kumar Nair is an Advocate-on-Record at the Supreme Court of India. He practises across insolvency and restructuring, arbitration and dispute resolution, real estate and infrastructure, corporate and commercial law, taxation, intellectual property, regulatory and compliance, and capital markets law. He is a doctoral researcher at RGNUL focusing on the arbitration-insolvency interface. He is the founder of Corpus Lawyers.
linkedin.com/in/prashant-kumar-nair

This article is for informational purposes only and does not constitute legal advice. The views expressed are those of the author in a personal capacity. Readers should seek independent legal counsel before acting on any matter discussed herein. While every effort has been made to ensure accuracy, the author makes no representation as to the completeness or currency of the information at the time of reading.