A special leave petition (SLP) under Article 136 of the Constitution asks the Supreme Court for permission to appeal against a judgment or order of a High Court or tribunal. It is discretionary, is filed through an Advocate-on-Record, and is ordinarily filed within 90 days of the High Court judgment, in line with the Supreme Court Rules, 2013.
- Category
- Appeals & Revisions
- Court or forum
- Supreme Court, High Court
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
Article 136 gives the Supreme Court a discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence or order of any court or tribunal in India. The Court does not treat it as a routine appeal and usually grants leave where a substantial question of law or a grave injustice arises.
If leave is granted, the petition is converted into a civil or criminal appeal and heard. If leave is refused, the order of the High Court stands.
Jurisdiction: where is it filed?
An SLP is filed in the Supreme Court of India at New Delhi. Only an Advocate-on-Record registered with the Court can file it. Some matters carry a statutory right of appeal to the Supreme Court, in which case that route is used instead.
Procedural stages
- Obtain a certified copy of the High Court judgment or order and check the date, to work out the limitation period.
- Brief an Advocate-on-Record and prepare the petition, with a synopsis, a list of dates and the grounds.
- If the petition is late, add an application for condonation of delay with the reasons.
- File the petition with the Registry, where it is checked for defects and numbered.
- The matter is listed before a bench, which may issue notice, grant interim relief or dismiss the petition.
- If leave is granted, the appeal is heard in due course.
Documents commonly required
- Petition with synopsis and list of dates
- Certified copy of the impugned judgment or order
- Annexures that were before the High Court
- Application for condonation of delay, if late
- Affidavit
- Vakalatnama and memo of appearance of the Advocate-on-Record
Limitation and timing
The Supreme Court Rules, 2013 ordinarily allow 90 days from the date of the High Court judgment, or 60 days where the High Court has refused a certificate of fitness for appeal. Verify the period and the rules before filing.
Common questions
What is the time limit for an SLP against a High Court judgment?
Ordinarily 90 days from the date of the judgment under the Supreme Court Rules, 2013, with a shorter period where a certificate of fitness for appeal has been refused. A delay needs an application explaining the reasons.
Can any advocate file a special leave petition?
No. Only an Advocate-on-Record, an advocate registered with the Supreme Court for that purpose, can file a petition in the Court. Other advocates can argue in the matter along with an Advocate-on-Record.
Is the grant of special leave a matter of right?
No. Article 136 confers a discretion on the Supreme Court. The Court may decline to grant leave without giving detailed reasons.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court