What Is an SLP & How to File It in the Supreme Court?

A decision against you from the High Court may lead to many unanswered queries, particularly if the decision impacts your possessions, freedom, financial situation, family, or business. You may be aware that the next step in the ladder of judicial review would be the Supreme Court, but getting there isn't as easy as appealing once more. It all depends on how the order was made and the grounds for doing so.

The procedure for filing a Special Leave Petition (SLP) provides for seeking the consideration of a case by the Supreme Court in terms of Article 136 of the Constitution. SLP is considered to be a discretionary remedy since the granting of special leave by the Supreme Court is entirely up to its discretion.

This manual deals with important issues related to SLP before the Supreme Court, such as the situations where an SLP may be filed against a judgment/order of the High Court, reasons for filing an SLP, SLP filing process, limitation period, document requirements, SLP Form 28, filing fee, stay application, and how an SLP lawyer/advocate can assist you.

What Is an SLP Under Article 136?

A Special Leave Petition (SLP) is a form of relief which gives the aggrieved person the right to approach the Supreme Court of India seeking permission to appeal against any judgment, order or decision of the court or tribunal. The SLP is mostly raised when there exists a question of law or when there is a gross miscarriage of justice.

How Article 136 Gives the Supreme Court Special Appellate Power

The authority of an SLP that is filed under Article 136 arises out of Article 136 of the Constitution, which provides the Supreme Court with the discretionary power to grant special leave to appeal. This implies that an SLP is not automatically entitled to be heard by the Supreme Court. Rather, it is based on the discretion of the court whether to grant leave or not. It normally comprises two steps, where if the special leave to appeal is granted, then the proceeding will be like that of an appeal.

When Can You File an SLP Against a High Court Order?

Just because of a High Court judgment does not mean that all other legal means are exhausted, as an SLP filed on a High Court judgment is not merely a matter of disagreement. There can be an SLP when there are certain grounds for the Supreme Court's discretionary involvement in the case.

An SLP may be relevant in cases involving:

• Serious errors of law or incorrect legal interpretation
• Grave miscarriage of justice
• Jurisdictional errors by the High Court
• Significant questions of law
• Violation of natural justice
• Exceptional circumstances requiring Supreme Court intervention
• Certain tribunal decisions, where Article 136 applies

This may occur in civil or criminal proceedings, but if there is any available remedy, such as an appeal or review, it should normally be exhausted before turning to Article 136.

In short, an SLP is only supposed to be filed where the Supreme Court needs to take extraordinary action and not where one is unhappy with a decision of the High Court.

What Are the Grounds for Filing an SLP?

Every mistake in law or every adverse decision does not automatically qualify one to approach the Supreme Court. The basis on which one should file an SLP should explain why the case calls for the intervention of the Supreme Court.

An SLP may be considered on grounds such as:

• A substantial error of law, which affects the result of the appeal
• Jurisdictional error of a serious nature committed by the court below
• A grave miscarriage of justice that needs to be rectified
• Denial of the principles of natural justice, for example, a fair hearing
• Wrong construction of the law
• Misleading findings that have no support in the records of the case
• Important issues of law that need an authoritative determination
• Issues of law that were not taken into account

The grounds ought to be particular, legal, and linked to the decision or order that is sought to be appealed. An SLP shall not be used as just another chance for disputing facts or venting frustration with the decision reached.

In essence, the grounds have to show why the matter is exceptional and worthy of the Supreme Court's discretionary jurisdiction under Article 136.

How to File an SLP in the Supreme Court?

The process of preparing an SLP in the Supreme Court is not simply about drafting a petition. All steps must follow the procedure and requirements of the Court to avoid any delay or problems.

Step 1: Review the Impugned Judgment/Order

Study the High Court or Tribunal Judgment/Order and decide whether the matter needs the Supreme Court’s intervention.

Step 2: Check the Limitation Period

Ascertain the limitation period and make an accurate calculation to avoid filing the SLP after the expiry of the limitation period.

Step 3: Identify the Grounds

Draft legal grounds that justify the error of law, injustice, or important question of law that calls for intervention.

Step 4: Prepare the Petition

Prepare the SLP in the prescribed format, including the facts, grounds, questions of law, and the prayer.

Step 5: Prepare Supporting Documents

Compile the impugned judgment, relevant orders, pleadings, affidavits, annexures, list of dates, and other required documents.

Step 6: File the SLP

The petition can be filed according to the process prescribed for Supreme Court filing process including e-filing, if available.

Step 7: Registry Scrutiny

The Registry examines the filing process for procedural regularity. Any defect with regard to documents, signatures, affidavits, translation, court fees, etc., needs to be addressed.

Step 8: Listing and Hearing

After the fulfillment of filing requirements, the case is listed before the court.

It is possible to ensure procedural completeness of the SLP case filing process by taking care to follow all steps systematically.

What Is the SLP Limitation Period?

SLP time limit is the duration within which an aggrieved party is required to move to the Supreme Court in relation to the relevant judgment or order. The time limit will depend on the nature of the case and the applicable laws for the specific case, and thus it is prudent to determine the specific period required.

Prior to the filing of an SLP, it is important to determine the relevant date of judgment, the rules that govern, and the date on which limitation begins to run. Failure to file on time does not necessarily conclude the issue, but a late-filed petition must be accompanied by an application for condonation of delay.

For a time-barred SLP, the filing requirements include:

• Condonation for late filing
• Number of days of delay
• Affidavit for delay
• Relevant court fee

It is therefore important that one examines limitation issues at the very beginning and prepares a proper explanation regarding why there is a delay.

What Documents Are Required for SLP Filing?

Document preparation is crucial during the SLP application process. Improper preparation of the documents or their absence may result in objections by the Registry and cause the process. Documents that are needed during SLP filing can include the following:

• Challenged order or judgment of the High Court
• Decisions of relevant courts below
• Copies of relevant pleadings and petitions
• Dates and events to establish the chronology of the case
• Petition Affidavit
• Authorisation of appearance by Vakalatnama
• Annexures and supporting documents
• Translations of documents, if necessary
• Exemption applications, if any
• Application for condonation of delay, if the SLP is filed out of time
• Application for interim relief/stay, if urgent interim protection is required

The petition must be in accordance with the relevant filing requirements laid out by the Supreme Court as well, including the use of the correct SLP Form 28 and indexing, pagination, and proper document arrangement.

It is also important to note that the exact documents required will depend on the case.

What Is SLP Form 28?

The SLP Form 28 is the form in which an SLP can be filed before the Supreme Court of India. It contains vital information like the impugned judgment or order, facts of the case, reasons for granting special leave, and prayer. Each portion must be filled in appropriately and according to Supreme Court rules. The proper filling of this form will help to prevent any procedural lapse while being reviewed. The most recent form number 28 can be found on the official Supreme Court of India forms page.

Can You Get a Stay Through an SLP?

Filing for an SLP does not necessarily mean that there is a stay of the decision that is appealed against. In the event that an urgent step must be taken to prevent irreparable damage, the applicant can make a request for an SLP stay. SLP challenges the decision, whereas the stay application seeks protection from its implementation.

What Are the SLP Filing Fees and Other Costs?

Fees and charges for the SLP may differ according to the situation, the documents, and the help needed from the lawyers. These expenses may comprise:

• Applicable court fees
• Printing, documentation, and filing expenses
• Legal consultation and legal advice
• SLP drafting and professional advocacy fees
• Additional applications or court appearances, where required

SLP lawyer fees have not been set, as there is no standard fee that lawyers charge depending on the nature of the case.

Consulting a lawyer at the start will be helpful to know about the costs and other procedures involved in filing an SLP.

Do You Need an SLP Lawyer or SLP Advocate?

Access to the Supreme Court through the SLP route comes with certain legal necessities that require the assistance of a legal expert. Through an SLP lawyer or SLP advocate, you can benefit from:

• Assess whether Article 136 is appropriate for your case
• Identify and frame relevant legal grounds
• Check the applicable limitation period
• Draft and structure the petition
• Organise supporting documents and annexures
• Address Registry requirements and defects
• Seek interim relief or stay where necessary

An Advocate-on-Record (AOR) is an equally essential Supreme Court Lawyer when it comes to submitting documents to the Supreme Court.

The best thing about VakeelSaab is that you can enjoy affordability, accessibility, and anonymity when it comes to connecting with the right lawyer for your SLP.

What Happens After SLP Filing?

Once the SLP is filed, the process goes through certain steps before it can be determined whether or not the Supreme Court will give special leave:

• Registry Scrutiny: The Registry reviews the petition, court fees, affidavits, annexures, and other relevant documents.
• Rectification of Objections/Defects: Any objections or defects, if any, should be cured as per the relevant requirements.
• Listing: After curing the objections or defects, the matter shall be listed before the Supreme Court.
• Decision on Leave Application: Whether the case merits intervention of the Court under Art. 136.
• Notice: Notice, if necessary, can be served upon the respondent.
• Grant/Refusal of Leave: The Court will either grant special leave or reject the SLP.
• Appeal Stage: When special leave is granted, the matter shall be dealt with as an appeal.

However, the filing of an SLP does not amount to the Supreme Court’s acceptance of the appeal since acceptance of the appeal is dependent upon the grant of special leave by the Court.

Common Mistakes to Avoid When Filing an SLP

It takes one small procedural error to hinder the process of SLP application. Some of the mistakes to be prevented are:

• Miscalculation of the limitation period or missing the limitation period altogether
• Raising flimsy, obscure, or repetitive grounds
• Citing the wrong case number, date, or order information
• Filing of incomplete documentation and annexures
• Failure to attach the necessary affidavit
• Failure to disclose earlier proceedings or applications
• Filing of documents without mandatory translation
• Incorrect assumption that filing of an SLP guarantees a stay
• Introducing new grounds and documents without adhering to the appropriate procedure

Reviewing the petition, documents, limitations, and procedure will go a long way to avoiding unnecessary objections and delays.