Special Leave Petition (SLP)
Special Leave Petition (SLP) holds a significant place within the Judiciary of India. Underneath Article 136, the Supreme court has been given a residual power where an aggrieved party can claim against an order given in any of the lower courts or councils in India.
SPECIAL LEAVE PETITION
Under Special leave petition (SLP) the aggrieved party takes special permission to be heard in an appeal against any high court/tribunal judgment. However, it is not an appeal but a petition filed for an appeal. Therefore when an SLP is filed, the Supreme Court may hear the matter and if it considers relevant, it may give the ‘leave’ and that petition will be converted to an ‘appeal’.
SLP CAN BE PRESENTED UNDER FOLLOWING CIRCUMSTANCE
- It may be filed against any judgment or declaration or order of any high court /tribunal within the territory of India, or
- It may be filed just in case a high court refuses to grant the certificate of fitness for appeal to the Supreme Court of India.
TIME LIMIT TO FILE SLP
- It may be filed against any judgment of a high court within ninety days from the date of judgment, or
- It may be filed within sixty days against the order of a high court refusing to grant the certificate of fitness for appeal to Supreme Court.
WHO CAN FILE SLP
Any aggrieved party can file an SLP against the judgment or order of refusal of grant of certificate.
Through the Special Leave Petition, an aggrieved party can request to the Supreme Court against any judgement given by any lower court or tribunal. The Supreme court provide this leave when the matter concerns a question of law. i.e. if the law was correctly implemented, whether the interpretation of the law was in accordance with the settled principles of law etc.
The aggrieved party or the petitioner filing SLP has to give a short summary of the facts and issues shown in the case along with a record of dates specifying the order of the occurrence of events linked to the judgement. Along with this, the petitioner has to form questions of law to appeal against the judgement. These questions should concern laws applicable to the general public as well.
Once the appeal is registered and presented in the Supreme Court, the petitioner will get a trial before the Court. Afterwards, depending on the merits of the case, the Supreme Court will issue a note to the conflicting parties who will then file a counter testimony declaring their views. At this point, it's up to the Supreme Court to decide whether to grant leave to the petitioner or not. If the Court grants leave, the case is then turned into a civil appeal and will be argued newly in the Supreme Court.
According to Article 141 of the Indian Constitution, the Supreme Court’s verdict is proclaimed declared as law of the land and is authoritative on all courts in India.