All About Special Leave Petition

KEY TAKEAWAYS

• Understanding the concept of Special Leave Petition.
• Knowing about the Special Leave Petition in certain cases.
• The nature, scope and extent of the SLP.

INTRODUCTION

A Special Leave Petition (SLP) is a legal remedy available in the Indian legal system, primarily under the jurisdiction of the Supreme Court of India. It is a discretionary remedy that allows individuals or entities to appeal to the Supreme Court for challenging decisions made by lower courts or tribunals. This write-up aims to provide a comprehensive understanding of Special Leave Petitions, including relevant provisions, and Indian case laws that have shaped its application.

NATURE, SCOPE AND EXTENT OF SPECIAL LEAVE PETITION

The nature, scope, and extent of Special Leave Petitions (SLPs) in India are characterized by their discretionary nature, wide-ranging applicability, and the Supreme Court's power to address issues of significant legal and public importance. SLPs serve as a residual remedy under Article 136 of the Indian Constitution, enabling individuals to approach the Supreme Court to challenge decisions from various lower courts and tribunals. The scope of SLPs encompasses substantial questions of law, fundamental rights violations, errors in legal interpretation, and matters of public interest. However, it is essential to note that the Supreme Court exercises discretion in granting special leave and does not intervene in every case. Instead, it selectively accepts cases where there is a clear miscarriage of justice, a significant legal issue at stake, or a conflict of decisions across different High Courts, ensuring that SLPs are a vital mechanism for upholding justice and maintaining legal consistency in the Indian legal system.

RULES FOR FILING SLP

The procedural rules for filing SLPs are primarily governed by the Supreme Court Rules, 2013. Rule 6 outlines the specific procedure for filing an SLP, including the format and content of the petition. In addition, Rule 5 provides for obtaining a certificate from the High Court concerned, which confirms that the case involves substantial questions of law. The SLP must be filed in compliance with these rules, and any non-compliance can result in the rejection of the petition.

TIME FRAME FOR FILING SLP

In the context of filing Special Leave Petitions (SLPs) in the Supreme Court of India, it's essential to be aware of the distinct time frames. Generally, there is a 90-day limit from the date of the judgment or order being challenged for filing an SLP. However, in specific cases related to High Court matters, there is a shorter time frame of 60 days, particularly when the SLP is filed against the order of a High Court refusing to grant a certificate of fitness for appeal. This 60-day limit is crucial to keep in mind when pursuing SLPs in such circumstances, ensuring that litigants adhere to the prescribed time frame.

This time frame is governed by the Supreme Court Rules, 2013, and it is crucial to adhere to this limitation. However, the Supreme Court may condone certain delays in filing SLPs if valid reasons are presented, although such condonations are typically granted in exceptional circumstances.

PROVISIONS RELATING TO SPECIAL LEAVE PETITION

Special Leave Petitions are governed by Article 136 of the Indian Constitution, which empowers the Supreme Court to 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. Article 136 is often considered as the residuary provision, as it covers cases that are not specifically provided for in other articles of the Constitution.

The procedural aspects of filing an SLP are primarily governed by the Supreme Court Rules, 2013. These rules outline the format, content, and timelines for filing an SLP. Rule 6 of these rules details the procedure for filing an SLP, specifying the grounds on which it can be filed and the accompanying documents required.

GROUNDS FOR FILING AN SLP

A Special Leave Petition can be filed on various grounds, including:

1. Substantial questions of law of general importance.
2. Errors in the interpretation and application of laws.
3. Violation of fundamental rights.
4. Miscarriage of justice.
5. Conflict of decisions by different High Courts.
6. Cases involving a significant public interest.

PROCEDURE FOR FILING AN SLP

• Drafting the SLP: The SLP should be drafted in compliance with the prescribed format and should clearly state the grounds on which the appeal is being made.
• Obtaining a Certificate: In some cases, a certificate from the High Court may be required to proceed with the SLP. This certificate confirms that the case involves substantial questions of law.
• Filing the SLP: The SLP is filed in the Supreme Court, and a copy is sent to the opposite party.
• Service to Opposite Party: The opposite party is served with a notice of the SLP, and they are given an opportunity to respond.
• Hearing: If the Supreme Court is satisfied that the case involves substantial questions of law or other valid grounds, it may grant special leave, and the matter proceeds for a hearing.

PREREQUISITES FOR FILING SLP

Filing a Special Leave Petition (SLP) in the Supreme Court of India involves several requirements. Here are the key prerequisites for filing an SLP:

1. Jurisdiction of the Supreme Court: The SLP should fall within the jurisdiction of the Supreme Court of India. The case should typically involve a substantial question of law or a significant issue of public interest.

2. Adverse Judgment or Order: There must be an adverse judgment, decree, determination, sentence, or order passed by a lower court, tribunal, or authority that the petitioner seeks to challenge. The SLP is essentially an appeal against this adverse decision.

3. Timing: The SLP must be filed within the prescribed time frame, which is usually 90 days from the date of the judgment or order. In cases related to the refusal of a certificate of fitness by a High Court, the time frame may be 60 days.

4. Grant of Certificate: In certain cases, especially those involving High Court judgments, a certificate of fitness for appeal may be required. If the High Court refuses to grant this certificate, it is often a prerequisite for filing an SLP.

5. Drafting and Format: The SLP should be drafted in accordance with the format and content requirements specified in the Supreme Court Rules, 2013. This includes details such as the parties involved, grounds of appeal, and prayer for relief.

6. Paper Books: The petitioner must prepare paper books that contain copies of relevant documents and judgments from the lower courts, which are necessary for the Supreme Court's consideration.

7. Court Fees: Court fees and other related fees must be paid at the time of filing the SLP. The fees can vary depending on the nature of the case and the relief sought.

8. Service to Opposite Party: After filing the SLP, a notice should be served to the opposite party, informing them of the petition and providing them an opportunity to respond.

9. Appearance in Court: Parties or their legal representatives are expected to appear before the Supreme Court on the designated dates for hearings, presenting their arguments and responding to any counterarguments.

10. Grounds for SLP: The SLP should clearly state the grounds on which the appeal is being made, which could include substantial questions of law, violations of fundamental rights, or significant legal issues.

11. Formalities: Ensure that all formalities and procedural requirements, such as the number of copies to be filed and the manner of filing, are adhered to as per the Supreme Court Rules.

It is essential to follow these requirements meticulously to have a valid SLP and maximize the chances of the Supreme Court accepting the petition for further consideration. Legal advice and guidance from an experienced advocate or lawyer are often invaluable in the process of filing an SLP.

SPECIAL LEAVE PETITION IN CERTAIN CASES

Special Leave Petitions (SLPs) in India can be filed in various types of cases, including civil, criminal, and others. Here's a brief overview of SLPs in different categories:

Civil Cases

SLPs are commonly filed in civil cases, such as property disputes, contractual matters, and issues related to family and personal laws. When a litigant believes that there is a substantial question of law or a miscarriage of justice in a civil matter, they can file an SLP to seek permission to appeal to the Supreme Court.

Criminal Cases

In criminal cases, SLPs can be filed when there are significant legal issues or when the fundamental right of the accused is violated. For instance, if a High Court judgment in a criminal matter raises substantial questions of law or concerns a violation of fundamental rights, an SLP can be filed to challenge the decision.

Constitutional Matters

SLPs are also utilized to address constitutional issues. When there is a dispute regarding the interpretation or application of the Indian Constitution, an SLP can be filed to seek clarity or to challenge decisions that may affect constitutional rights and principles.

Service Matters

Service law cases, often involving disputes related to government employees and public servants, are another common area where SLPs are filed. If there are disputes over service conditions, promotions, or disciplinary matters, parties may file SLPs to seek relief from the Supreme Court.

Public Interest Litigation (PIL)

In cases of public interest, individuals or organizations can file SLPs to bring issues of significant societal concern to the Supreme Court's attention. The Court may grant special leave to hear such matters, especially if they impact the welfare of the public at large.

Administrative Matters

SLPs may also be filed in administrative matters, such as disputes involving government decisions, regulatory authorities, or quasi-judicial bodies. If an administrative decision raises substantial questions of law or fundamental rights issues, an SLP can be filed to challenge it.

In each of these categories, SLPs provide a mechanism for parties to approach the Supreme Court of India, seeking permission to appeal and address issues of legal significance, ensuring that justice is served and the law is upheld across various domains.

LANDMARK CASES ON SPECIAL LEAVE PETITION

1. A.R. Antulay v. R.S. Nayak (1988): In this case, the Supreme Court held that it is not bound to grant special leave in every case, and it exercises its discretion depending on the facts and circumstances.
2. KihotoHollohan v. Zachillhu (1992): This case is significant because it clarified the scope of Article 136 and established that the Supreme Court would not interfere with the decisions of legislative bodies unless there is a clear violation of the Constitution.
3. Bengal Chemical and Pharmaceutical Works Ltd. v. Agarwal (2003): This case emphasized the importance of substantial questions of law in SLPs. It was held that the mere disagreement with the findings of a lower court is not a ground for the grant of special leave.
4. Tata Cellular v. Union of India (1994): This case reiterated the principle that the Supreme Court should grant special leave sparingly and only in cases where there is a manifest injustice or violation of fundamental rights.
5.  LalitaKumari v. Govt. of U.P. (2013): In this case, the Supreme Court discussed the importance of the inherent powers of the Supreme Court under Article 142 and its ability to grant relief beyond the scope of SLPs in the interest of justice.

CONCLUSION

Special Leave Petitions serve as an essential instrument in the Indian legal system, allowing litigants to approach the Supreme Court when substantial questions of law, errors in legal interpretation, or miscarriages of justice are involved. However, the Supreme Court exercises its discretion carefully when granting special leave, as it aims to balance the need for justice with the principle of judicial restraint. Indian case laws provide guidance on the scope and limitations of SLPs, ensuring that this discretionary remedy is applied judiciously. Understanding the provisions and precedents related to Special Leave Petitions is crucial for both legal practitioners and individuals seeking justice in India's complex legal landscape.