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Special Leave Petition (Supreme Court)

Article 136: appeals to the Supreme Court from High Court judgments.

In short

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

  1. Obtain a certified copy of the High Court judgment or order and check the date, to work out the limitation period.
  2. Brief an Advocate-on-Record and prepare the petition, with a synopsis, a list of dates and the grounds.
  3. If the petition is late, add an application for condonation of delay with the reasons.
  4. File the petition with the Registry, where it is checked for defects and numbered.
  5. The matter is listed before a bench, which may issue notice, grant interim relief or dismiss the petition.
  6. 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

General information only. This guide explains the general position of the law and is not legal advice for any particular case. Procedure, forms, fees and time limits differ between High Courts and change over time. Check the rules of the court concerned and the text of the law, or consult an advocate, before filing. Last updated 15 Oct 2026.

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