Special Leave Petition (SLP), Constitutional Provisions, Judgements

A Special Leave Petition (SLP) is a unique legal remedy that allows a person to approach the Supreme Court of India against a judgment, decree, determination, sentence, or order passed by any court or tribunal in the country. It is governed by Article 136 of the Indian Constitution, which grants the Supreme Court discretionary powers to hear appeals in exceptional cases where substantial injustice may have occurred.

What is Special Leave Petition (SLP)?

A Special Leave Petition (SLP) is a petition filed before the Supreme Court of India seeking permission (leave) to appeal against a judgment or order passed by any High Court or tribunal in India. The Court has complete discretion to accept or reject the petition after examining whether the case involves serious legal or constitutional issues or a grave miscarriage of justice.

Special Leave Petition Constitutional Provisions

The constitutional basis of the Special Leave Petition is found in Article 136 of the Constitution of India.

• Article 136(1): Empowers the Supreme Court to grant special leave to appeal against any judgment, decree, determination, sentence, or order passed by any court or tribunal in India.
• The power under Article 136 is discretionary, meaning no person can claim it as a legal right.
• It applies to both civil and criminal matters.
• The provision is intended to correct grave errors of law or miscarriage of justice.
• The Supreme Court generally exercises this power sparingly and only in exceptional circumstances.
• Article 136(2) excludes judgments, determinations, sentences, or orders passed by courts or tribunals constituted under laws relating to the Armed Forces.
• Article 136 supplements the Court’s appellate jurisdiction and strengthens its role as the guardian of justice.

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Special Leave Petition Supreme Court Judgements

The Supreme Court has, through various landmark judgments, clarified the scope, purpose, and limitations of Special Leave Petitions (SLPs) under Article 136, emphasizing that this extraordinary power should be exercised only in exceptional cases to ensure justice.

• Pritam Singh v. State (1950): The Court held that Article 136 is an extraordinary discretionary power and should be invoked only in cases involving grave injustice.
• Durga Shankar Mehta v. Raghuraj Singh (1954): The Court ruled that although Article 136 provides wide appellate powers, they must be exercised with judicial restraint.
• Kunhayammed v. State of Kerala (2000): The Supreme Court clarified that dismissal of an SLP without a reasoned order does not result in the merger of the lower court’s judgment with the Supreme Court’s order.
• Khoday Distilleries Ltd. v. Mahadeshwara SSK Ltd. (2019): The Court held that dismissal of an SLP by a non-speaking order does not amount to a declaration of law under Article 141 and does not affirm the lower court’s reasoning.

Importance of Special Leave Petition in the Indian Judicial System

The Special Leave Petition (SLP) is an important constitutional remedy that enables the Supreme Court of India to correct serious judicial errors, uphold the rule of law, and ensure that justice is delivered even in exceptional cases where no regular appeal is available.

• Ensures Access to Justice: Provides individuals with an opportunity to approach the Supreme Court against judgments of lower courts or tribunals in exceptional cases.
• Prevents Miscarriage of Justice: Enables the Court to correct grave legal errors and protect individuals from unjust decisions.
• Strengthens Judicial Review: Reinforces the Supreme Court’s role as the guardian of the Constitution and the final interpreter of law.
• Maintains Uniformity in Law: Helps ensure the consistent interpretation and application of laws across the country.
• Protects Fundamental Rights: Offers relief in cases where judicial decisions may adversely affect constitutional or legal rights.
• Covers a Wide Range of Cases: Can be invoked in civil, criminal, constitutional, taxation, labour, and administrative matters, subject to Article 136.
• Acts as an Extraordinary Remedy: Provides a constitutional safeguard when no statutory appeal is available under ordinary law.
• Enhances Public Confidence: Promotes trust in the judicial system by ensuring that deserving cases receive the attention of the highest court of the country.