Difference Between Special Leave Petition (SLP) and Appeal
Difference Between Special Leave Petition (SLP) and
Appeal
The Indian legal system provides various avenues for seeking
justice, especially when a party is dissatisfied with a lower court’s decision.
Two such mechanisms are Special Leave Petition (SLP) and Appeal. While both
serve as remedies for challenging judgments, they have distinct legal grounds
and procedural differences.
What is a Special Leave Petition (SLP)?
A Special Leave Petition (SLP) is a discretionary power
granted to the Supreme Court of India under Article 136 of the Indian
Constitution. It allows an aggrieved party to seek special permission to appeal
against a judgment from any lower court or tribunal in the country. However,
the Supreme Court is not obligated to grant leave in every case; it exercises
this power based on the significance of legal issues involved.
Key Features of SLP:
- Discretionary
Power: The Supreme Court may or may not grant leave to appeal.
- Wide
Scope: Can be filed against judgments of High Courts, tribunals, or any
other authority.
- No
Automatic Right: Unlike appeals, an SLP is not a matter of right but
depends on the Court’s discretion.
- Time
Limit: SLP must be filed within 90 days from the date of the judgment or
within 60 days if filed against an order of refusal for a certificate of
appeal.
- Two-Stage
Process: If the SLP is accepted, it is converted into an appeal and heard
by the Supreme Court.
What is an Appeal?
An appeal is a statutory right available to a litigant who
is dissatisfied with a lower court’s judgment. It allows a higher court to
review the decision of a lower court and potentially overturn or modify it.
Appeals are available in both civil and criminal cases and are governed by
specific laws such as the Code of Civil Procedure, 1908, and the Code of
Criminal Procedure, 1973.
Key Features of an Appeal:
- Statutory
Right: Granted as a matter of right under specific laws.
- Hierarchy
of Courts: Appeals can be made from subordinate courts to High Courts and
from High Courts to the Supreme Court.
- Time
Limit: Varies depending on the type of case and the appellate forum.
- Binding
on the Court: The appellate court is bound to hear the appeal if it meets
the prescribed legal requirements.
- Finality:
If no further appeal is available, the appellate court’s decision becomes
final.
Major Differences Between SLP and Appeal
|
Aspect |
Special Leave Petition (SLP) |
Appeal |
|
Nature |
Discretionary remedy |
Statutory right |
|
Governing Provision |
Article 136 of the Constitution |
Various statutes (CPC, CrPC, etc.) |
|
Availability |
Against judgments of High Courts, tribunals, or lower
authorities |
Against judgments of lower courts as per statutory
provisions |
|
Right to File |
No automatic right; Supreme Court’s discretion applies |
Available as a legal right if conditions are met |
|
Outcome |
If granted, SLP converts into an appeal |
Leads to a review and decision on merits |
|
Time Limit |
90 days from judgment or 60 days from refusal of appeal
certificate |
Varies by case type and appellate court |
|
Final Authority |
Supreme Court of India |
Various appellate courts including High Courts and Supreme
Court |
Conclusion
While both SLP and appeal provide recourse to an aggrieved
party, they serve different legal purposes. SLP is an extraordinary remedy that
depends on the Supreme Court’s discretion, whereas an appeal is a statutory
right available to a litigant. Understanding the distinction between the two is
essential for those seeking legal redress at different levels of the judicial
hierarchy in India.
