Special Leave Petition (SLP ) In Supreme Court Of India

A Special Leave Petition or popularly called “SLP” is filed Under Article 136 of the constitution of India. The Supreme Court of India is empowered to grant leave to appeal when there is a substantial question of law involved or there has gross miscarriage of justice.

Understanding what a Special leave Petition is important. In simple words as we know in lower courts or high courts usually notice follows on the first date of hearing of the case as per provisions of statute.

However in Special Leave Petition it is entirely the discretion of the Hon’ble Court whether to issue notice or to dismiss the same on the very first hearing. Therefore it is very important to put forth your case in a manner that is most appealing and therefore drafting a Special leave Petition is extremely important. Therefore it is observed that when an SLP is dismissed there may be no reasons given on the merits of the case.

Limitation For Filing Special Leave Petition Or SLP

90 days from the date when the order or judgment was passed. However the time taken from the date of applying certified copy and when it is ready is excluded. In other cases it is 60 days against the order of the refusal of the High Court to grant the certificate of fitness for appeal to Supreme Court.

Drafting A Special Leave Petition

The skill of an advocate reflects in the kind of drafting an Advocate is capable of In a Special Leave Petition these are the steps that an Advocate-On-Record follows  and there are in total 8 paragarphs.

1. Synopsis
2. List of dates and Events
3. Question of Law
4. Declaration in terms of rule 3(2):-
5. Declaration in terms of rule 5:-
6. Grounds

Grounds for interim relief:

• Main prayer:-
• Prayer for interim relief:

Advocate-On-Record in Supreme Court

In Supreme Court , SLP’s are filed by Advocate-On-Record who are specially skilled in drafting Special Leave Petition and filing the same. An Advocate-On-Record in Supreme Court holds the distinction of filing a case in Supreme Court which no other advocate is entitled to. The role of an AOR is also significant in Supreme Court. Even a certified copy can be applied by only an AOR. However a party himself or herself is also entitled to do so if he applies personally. You may visit Taps9 Law Chamber for consultation for filing a Special Leave Petition in Supreme Court

Conclusion for filing Special Leave Petition (SLP) in Supreme Court of India

If you fail to file SLP within 90 day or as the case may be you can still approach the Hon’ble Supreme Court by filing an application for condonation of delay. For more information on filing Special Leave Petition kindly visit Caveat India.