Special Leave Petitions - Article 136 in The Constitution Of India 1949

Special Leave Petitions - Article 136 in The Constitution Of India 1949

'Special Leave Petitions in India (SLP)' holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.

Article 136 in The Constitution Of India 1949 

136. Special leave to appeal by the Supreme Court

(1) 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

(2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces

The Constitution of India under Article 136 vests the Supreme Court of India with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.

This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done.

"Special leave petition" or SLP hold a prime place in the Indian judicial system. It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.

Special Leave petition or SLP can be presented under following circumstance:

• SLP can be filed against any judgment or decree or order of any High Court /tribunal in the territory of India.
• Or, SLP can be filed in case the High court refuses to grant the certificate of fitness for appeal to Supreme Court of India.

Time frame within which SLP can be filed:

• SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
• Or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.

Who can file SLP:

Any aggrieved party can file SLP against the judgment or order of refusal of grant of certificate.

Contents of SLP:

• This petition is required to state all the facts that are necessary to enable the court to determine whether SLP ought to be granted or not. It is required to be signed by Advocate on record. The petition should also contain statement that the petitioner has not filed any other petition in the High court.
• It should be accompanied by a certified copy of judgement appealed against and an affidavit by the petitioner verifying the same and should also be accompanied by all the documents that formed part of pleading in Lower court.

The scope of power vested with the Supreme Court of India under Article 136:

• The constitution of India vest "discretionary power" in the Supreme Court of India. The Supreme Court of India may in its discretion be able to grant special leave to appeal from any judgment or decree or order in any matter or cause made or passed by any Court/tribunal in the territory of India. The Supreme Court of India may also refuse to grant the leave to appeal by exercising its discretion.
• An aggrieved party from the judgment or decree of high court cannot claim special leave to appeal as a right but it is privilege which the Supreme Court of India is vested with and this leave to appeal can be granted by it only.
• An aggrieved party can approach the Apex Court under Article 136 in case any constitutional or legal issue exists and which can be clarified by the Supreme Court of India. This can be heard as civil or Criminal appeal as the case may be.

Judgment

There is catena of judgments mentioning about the scope of power of Supreme Court under Article 136, the maintainability of special leave petitions. 

Article 136 doesn't confer upon a litigant a right to appeal any order or judgment but vest the Supreme Court of India with a discretionary power to  interfere with orders of lower courts only in case of Exceptional Character where gross injustice has been carried out.

The power Conferred upon the Supreme Court of India is a "Residual Nature" & is a "Discretionary Power" 

This Discretionary Power is required "to be exercised sparingly & only in exceptional cases" 

Pritam Singh v. the State [AIR 1950 SC 169]