What Is The Power To Allow A Special Leave Petition?

There are no limitations on the court’s ability to grant special leave to appeal under Article 136, in contrast to other Constitutional provisions. The Court may appeal against any order, including interim orders, and there is no time restriction on how long the appeal must wait after the order is issued.

Nonetheless, the Court uses caution and discernment when executing its authority under Article 136. For using its discretionary powers, it has established several rules and guidelines. For example, it will only grant leave in situations where there is a serious legal dispute or injustice.

SLPs are submitted to the Supreme Court as petitions, which need to include a justification for the appeal. Together with any other pertinent documents, the petitioner must also submit certified copies of the contested order or judgment.

The Court has the authority to allow or deny leave to appeal after an SLP is filed. The Supreme Court will hear the case and decide if leave is granted. The lower court’s or tribunal’s ruling will be upheld if leave is denied, and the petitioner will lose all further appeal rights.

Power to allow SLP:

The Indian Supreme Court has the authority to hear appeals against any judgment, decree, order, determination, or sentence of any court or tribunal operating within Indian territory, as stipulated by Article 136 of the Indian Constitution. The article grants the right to petition the Supreme Court for special leave, but not the right to file an appeal. Whether to grant the SLP or not will depend on the facts and circumstances of the case, the Supreme Court will decide.

The Supreme Court has the privilege— granted by the Constitution— of considering a special leave petition, which is not a right that is guaranteed to Indian citizens. It can be filed if the high court declines to issue a certificate of fitness for appeal under Article 134A of the Indian Constitution, and it covers both final and intermediary orders.

Scope and grounds for granting SLP:

Article 136 grants SLP a very broad scope that is not limited to any specific subject matter or jurisdiction. If the Supreme Court determines that there has been a serious injustice or that there is a substantial legal question in the case, it may choose to grant SLP. A legal error, a breach of a fundamental right, a serious and substantial injustice, or any other extraordinary circumstance may be the basis for awarding SLP.

The Supreme Court’s role in determining SLP:

The Supreme Court is empowered to grant or deny SLP on the particular facts and circumstances of each case. While awarding SLP, the court may also impose requirements, such as the deposit of security or a stay of the contested order’s operation. The court may also decide how to handle the SLP by making decisions or directives.

Significance of SLP in the Indian legal system:

 SLP is important in the Indian legal system because it gives the Supreme Court the chance to rectify mistakes or injustices committed by subordinate courts or tribunals. It guarantees that justice is served in situations where subordinate courts have broken the law or have not adhered to the natural justice principles. SLP also contributes to preserving uniformity and consistency in the nation’s legal system’s application.

The Supreme Court of India has the authority to grant special leave to appeal against any judgment, order, or decree made by any court or tribunal in the nation, except military tribunals and court martial. Special leave petitions (SLPs) are important in the Indian legal system. The Supreme Court has the discretionary authority to deny permission to appeal if it so chooses. The Supreme Court may bestow a privilege rather than a right of the harmed party.

The harmed party nationwide in opposition to any ruling or decree made by a High Court or other tribunal may file an SLP. If the High Court denies them the certificate of fitness to appeal to the Supreme Court, they may also file an SLP. The SLP must be filed within 60 days following the High Court’s order declining to grant the certificate of fitness for appeal, or within 90 days following the date of the judgment.

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