Special Leave Petitions in the Supreme Court of India: A Practical Guide

A judgment of a High Court or a tribunal is often not the end of a dispute. For most litigants, the route to the Supreme Court of India is the Special Leave Petition (SLP) — a petition asking the Court to grant “special leave” to appeal. This guide explains what an SLP is, when it is the right remedy, and how the process works in practice.

What is a Special Leave Petition?

Article 136 of the Constitution gives the Supreme Court a wide discretion to grant special leave to appeal from any judgment, decree, determination, sentence or order passed by any court or tribunal in India, except courts or tribunals constituted under laws relating to the Armed Forces.

Two features make the SLP distinctive:

• It is discretionary. There is no right to an appeal under Article 136. The Court decides whether the case deserves its attention — typically where it raises a substantial question of law, or where there has been a grave miscarriage of justice.
• It is a two-stage process. The Court first decides whether to grant leave. Only if leave is granted is the petition converted into a civil or criminal appeal and heard on the merits.

When is an SLP the right remedy?

An SLP is commonly filed against a final judgment of a High Court, against interim orders in appropriate cases, and against orders of tribunals where no other appeal is provided.

However, where a statute provides a direct appeal to the Supreme Court, that statutory route should ordinarily be used instead. Examples include appeals against orders of the Appellate Tribunal for Electricity (Section 125 of the Electricity Act, 2003), the National Green Tribunal (Section 22 of the NGT Act, 2010), the NCLAT under the Insolvency and Bankruptcy Code (Section 62), and the NCDRC in its original jurisdiction (Section 67 of the Consumer Protection Act, 2019). Each has its own limitation period and grounds.

Identifying the correct remedy — and the correct time limit — is the first step in any Supreme Court challenge.

The time limit

Under Order XXI of the Supreme Court Rules, 2013 (which governs civil SLPs), a petition is to be filed within 90 days from the date of the judgment or order under challenge, or within 60 days from the date on which the High Court refused a certificate of fitness to appeal under Article 134A. Time taken to obtain a certified copy of the judgment may be excluded under the Limitation Act, 1963.

If the petition is filed late, it must be accompanied by an application for condonation of delay explaining the reasons with sufficient particularity. The Court may condone delay, but it is never automatic — and an unexplained delay can end a strong case before it is heard.

Practical point: begin assessing a potential SLP as soon as the High Court’s judgment is pronounced. Obtain the certified copy promptly and preserve the complete record of the proceedings below.

How the SLP proceeds

• Filing and scrutiny. The petition is filed through an Advocate-on-Record and examined by the Registry, which may point out defects to be cured.
• Admission hearing. The matter is listed before a Bench, which may dismiss the petition at the threshold (in limine), issue notice to the other side, or — in some cases — grant leave immediately. Notice is sometimes issued limited to a particular question.
• Interim relief. A stay of the impugned judgment or other interim protection may be sought at the first hearing.
• Leave granted. If leave is granted, the SLP is converted into a civil or criminal appeal and listed for final hearing in due course.

A party that expects an SLP to be filed against a judgment in its favour can lodge a caveat in the Supreme Court, so that it is heard before any order is passed.

Why the record below matters

The Supreme Court decides an SLP on the record of the court below. New factual pleas are generally not permitted, although a pure question of law arising from the record may sometimes be raised. This is why a Supreme Court challenge is shaped long before it is filed: the pleadings, evidence and arguments in the tribunal and High Court define what can be argued at the end.

Key takeaways

• An SLP under Article 136 is a discretionary remedy; the Court first decides whether to grant leave.
• Check whether a statutory appeal lies to the Supreme Court before filing an SLP.
• Work to the 90-day limit and treat condonation of delay as an exception, not a plan.
• Preserve the complete record below; new factual pleas are generally not allowed.