Introduction of Article

A Special Leave Petition (SLP) is a legal remedy available in the Supreme Court of India governed by Article 136 of the Constitution of India. It allows individuals or parties to seek special permission from the Supreme Court to appeal against any judgment, decree, or order of a lower court or tribunal in the country. It is one of the extraordinary powers vested in the Supreme Court. It reads as follows:

Article 136 Text: Article 136 is included in Part V (Union Judiciary) of the Constitution of India. The text of Article 136 is as follows:

“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.”

Scope of Article 136

The Supreme Court can grant special leave to appeal against any judgment, decree, determination, sentence, or order of any court or tribunal in the territory of India. It is not limited to any particular subject matter or court. The Supreme Court has the discretion to consider cases involving questions of fact, law, or both.

Purpose of Article 136 of the constitution

• Ensuring Justice: Article 136 ensures that justice is not denied due to technicalities or limitations of the lower courts. It allows the Supreme Court to review and rectify any errors or injustices that may have occurred in the lower courts’ judgments, decrees, determinations, sentences, or orders.
• Correcting Errors of Law: Article 136 enables the Supreme Court to address legal issues and correct errors of law. It empowers the Court to interpret and clarify constitutional provisions, statutes, and legal principles, ensuring consistency and uniformity in the application of the law throughout the country.
• Safeguarding Fundamental Rights: The discretionary power granted by Article 136 plays a vital role in safeguarding fundamental rights enshrined in the Constitution. The Supreme Court can intervene when there are violations or potential violations of these rights, ensuring their protection and upholding the principles of justice, equality, and liberty.
• Ensuring Judicial Review: Article 136 strengthens the principle of judicial review by granting the Supreme Court the authority to review the decisions of lower courts and tribunals. This power allows the Court to examine the legality, constitutionality, and correctness of judgments and orders, ensuring the rule of law is upheld.
• Resolving Conflicting Decisions: Article 136 enables the Supreme Court to resolve conflicts or inconsistencies in the decisions of different courts or tribunals across the country. This promotes legal certainty, uniformity, and predictability in the judicial system.
• Setting Precedents: The discretionary power under Article 136 allows the Supreme Court to establish precedents and legal principles that guide future cases. These precedents shape and influence the interpretation and application of laws, providing guidance to lower courts and ensuring consistency in the legal system.

Procedure

A party seeking special leave to appeal under Article 136 needs to file a petition before the Supreme Court. The petition should state the grounds on which leave is sought and provide supporting documents, such as copies of the judgments or orders being challenged. The Court may require the petitioner to deposit a fee for filing the petition

Key aspects about SLPs:

• Jurisdiction: The Supreme Court of India is the highest judicial forum in the country and has the power to hear and decide SLPs.
• Grounds for filing: An SLP can be filed on various grounds, including a substantial question of law of general importance, an error of law apparent on the face of the record, or a miscarriage of justice.
• Discretionary power: The Supreme Court has discretionary power when it comes to granting or rejecting an SLP. The Court may grant the petition if it considers the case involves a substantial question of law or there has been a manifest error or injustice.
• Limitation period: Generally, an SLP must be filed within 90 days from the date of the judgment or order of the court or tribunal against which the appeal is sought. However, the Supreme Court may condone a delay in filing the petition under certain exceptional circumstances.
• Filing requirements: SLPs are generally filed through an advocate-on-record (AOR), who is an advocate registered with the Supreme Court. The petition should be duly signed and verified by the petitioner or their authorized representative.
• Hearing and disposal: Once an SLP is filed, the Supreme Court may decide to hear the matter based on its discretion. If the Court decides to admit the SLP, it will issue notice to the respondent(s) and hear arguments from both parties. The Court may either dismiss the SLP or allow it, thereby granting permission to appeal against the lower court’s judgment or order.

Exceptions

Article 136(2) excludes certain matters from the purview of special leave to appeal. It states that Article 136 does not apply to judgments, determinations, sentences, or orders passed by any court or tribunal constituted under laws related to the Armed Forces

Landmark cases under article 136:

1. Rupa Ashok Hurra v. Ashok Hurra (2002): In this case, the Supreme Court emphasized that an SLP should not be treated as an appeal in the regular sense. It held that the Court should exercise its jurisdiction under Article 136 only in exceptional cases involving a substantial question of law or a manifest injustice.
2. Ramrao v. All India Institute of Medical Sciences (2004): This case dealt with the issue of reservation in admissions to educational institutions. The Supreme Court granted special leave to appeal and examined the legality of the reservation policy, emphasizing the importance of maintaining merit-based selection processes.
3. State of Punjab v. Devans Modern Breweries Ltd. (2004): In this case, the Supreme Court granted special leave to appeal and considered the question of whether the levy of sales tax on bottled beer was valid. The Court’s decision had implications for taxation policies and the interpretation of relevant laws.
4. State of Karnataka v. Selvi J. Jayalalitha (2014): This case involved a corruption case against a prominent political leader. The Supreme Court granted special leave to appeal and reviewed the lower court’s decision. The case had significant political and legal ramifications.
5. Lalita Kumari v. Government of Uttar Pradesh (2014): In this case, the Supreme Court granted special leave to appeal and examined the interpretation of Section 154 of the Code of Criminal Procedure regarding the registration of First Information Reports (FIRs). The Court clarified the mandatory requirements for registering FIRs in certain criminal cases.