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Special Leave Petition Format India — Free Templates & Samples

A Special Leave Petition (SLP) is a unique constitutional remedy that allows the Supreme Court of India to grant special permission to appeal against any judgment or order passed by any court or tribunal in the country. Governed by Article 136 of the Constitution of India, SLPs constitute a major portion of the Supreme Court's docket. Unlike regular appeals, the Supreme Court has absolute discretion to grant or reject special leave.

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What is Special Leave Petition?

A Special Leave Petition (SLP) is a residual power vested in the Supreme Court of India to grant special leave to appeal against any judgment, decree, determination, sentence, or order passed by any court or tribunal in India. This extraordinary jurisdiction is enshrined in Article 136 of the Constitution of India. Unlike a statutory appeal, which is a right provided under specific laws like the Code of Civil Procedure or the Code of Criminal Procedure, an SLP is a privilege. The Supreme Court has absolute discretion to grant or refuse leave, and no party has a vested right to appeal under this article.

The Court generally exercises this power only when a substantial question of law of general public importance is involved, or when there has been a grave miscarriage of justice, or when the lower court or tribunal has acted beyond its jurisdiction. Article 136(2) explicitly bars the Supreme Court from entertaining SLPs against decisions of the Armed Forces Tribunal or court-martial proceedings, except in exceptional circumstances.

Any aggrieved person—whether a plaintiff, defendant, accused, or even a third party affected by a ruling—can file an SLP. The petition must be accompanied by a concise synopsis and a list of dates, along with a sworn affidavit. Understanding what is Special Leave Petition in Indian law is crucial, as it is often the last judicial resort available to litigants in the country.

When This Format Required?

Challenging High Court Orders: When a High Court dismisses an appeal or passes an adverse order, and no further statutory appeal is available, an SLP is the only remedy.

Tribunal Decisions: When a tribunal (like the NCLT, ITAT, or CAT) passes an order that is legally flawed, and the statute does not provide for a direct appeal to the Supreme Court.

Interlocutory Orders: When a High Court or tribunal grants an injunction or stays proceedings in a manner causing irreparable harm, an SLP can be filed against the interim order.

Acute Injustice: When there is a glaring miscarriage of justice or violation of fundamental rights that demands immediate intervention by the highest court.

Quick Overview

Special Leave Petitions in India are governed by Article 136 of the Constitution of India and the Supreme Court Rules, 2013. They require prescribed court fees and compilation of paper books rather than traditional stamp paper. Common uses include challenging High Court judgments or tribunal orders when regular appeal rights are exhausted.

Step-by-Step Guide

  1. 1

    Identify the Maintainability under Article 136

    Determine if the case involves a substantial question of law or a manifest injustice that warrants the Supreme Court's interference. Ensure the SLP is filed within 90 days from the date of the impugned judgment for civil cases, or 60 days for criminal cases, as per the Supreme Court Rules, 2013.

  2. 2

    Draft the Synopsis and List of Dates

    Prepare a brief synopsis not exceeding three pages, summarizing the facts and the legal grounds for interference. Prepare a chronological list of dates specifying the events and the dates of court orders to give the judges a quick overview of the dispute's timeline.

  3. 3

    Draft the Main Special Leave Petition

    Structure the petition with sections: facts of the case, impugned order details, grounds for special leave, and the specific relief or prayer sought. Under the "Grounds," explicitly state how the lower court erred in law or violated principles of natural justice.

  4. 4

    Prepare the Affidavit and Supporting Documents

    Draft a sworn affidavit verifying the contents of the petition and the list of dates. Ensure all documents, including the impugned judgment, lower court orders, and relevant pleadings, are compiled and properly indexed for the paper book.

  5. 5

    Compute and Pay the Court Fees

    Calculate the prescribed court fees and process fees as per the Supreme Court Rules. For civil SLPs, the fee is higher than for criminal SLPs. Ensure the demand draft or online payment receipt is attached to the petition.

  6. 6

    File the Petition in the Supreme Court Registry

    Submit the paper book, petition, affidavit, and court fee receipt at the Supreme Court filing counter. After scrutiny, the registry will list the matter for admission hearing before the Hon'ble Court.

Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.