A Special Leave Petition (SLP) is one of the most important yet misunderstood legal remedies available in India. Governed by Article 136 of the Indian Constitution, it gives the Supreme Court wide discretion to step in when a party believes a legal error or grave injustice has occurred in a judgment from any court or tribunal. Whether you’re an individual, business, or legal professional, understanding the SLP filing process in the Supreme Court is crucial—especially when traditional appeal routes are closed.

In this blog, you’ll learn the meaning, features, process, timelines, required documents, and who can file an SLP. As experienced Supreme Court Lawyers in India, VakeelSaab brings you a clear, practical, and approachable guide to navigating this powerful legal tool.

What is a Special Leave Petition (SLP)? – Meaning & Overview

What is an SLP in Simple Terms? (Featured Snippet Optimized)

A Special Leave Petition (SLP) is a request made to the Supreme Court of India seeking special permission to appeal against any judgment, order, or decree from any court or tribunal (except military tribunals), even when the law does not provide a statutory right of appeal.

In other words, SLP is not a right—it's a privilege granted by the Supreme Court at its discretion.

Legal Framework: Article 136 SLP Explained

Article 136 states that the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, or order from any court or tribunal in India.

Key points:

• The power is extraordinary and residuary.
• The Supreme Court intervenes only in cases involving gross injustice, miscarriage of justice, or substantial questions of law.
• SLP is not meant to be a routine appeal mechanism.

Why Does SLP Matter? Understanding Its Purpose

The Supreme Court introduced SLP as a constitutional safety valve to prevent injustice in rare but significant situations where no regular right of appeal is available.

SLP matters because it:

• Offers last-resort access to justice
• Corrects errors that may have occurred in lower courts
• Ensures uniformity in the interpretation of law
• Protects fundamental rights and constitutional values

This makes SLP a powerful remedy—when used correctly.

Key Features of a Special Leave Petition

Understanding the key features helps clarify how SLP differs from a regular appeal.

1. Discretionary Power of the Supreme Court

SLP is not an entitlement. The Supreme Court may reject an SLP without giving any reason.

2. Wide Jurisdiction

SLP can be filed against judgments from:

• High Courts
• Tribunals (except those under armed forces)
• Quasi-judicial bodies

3. No Need for a Substantial Question of Law

Unlike Article 132 or 133 appeals, SLP does not require proof of a substantial constitutional question. However, the Court usually looks for substantial legal error or injustice.

4. Not a Full Appeal

SLP is simply a request for permission to appeal. The appeal begins only if the Court grants “leave”.

5. Flexible Grounds

SLP can be filed on grounds such as:

• Violation of natural justice
• Misinterpretation of law
• Failure to consider evidence
• Procedural irregularity
• Public interest concerns

SLP vs Appeal: What’s the Difference?

Feature

SLP

Appeal

Basis

Discretionary

Statutory right

Governed by

Article 136

Specific statutes

When used

When no direct appeal is available

When the law allows an appeal

Court’s role

Decide whether to grant leave

Hear merits of the case

Mandatory?

No

Yes, if statute allows

If you’re unsure whether you need an SLP or a regular appeal, consulting an Online Lawyer in India or an experienced lawyer in Delhi helps avoid costly mistakes.

Who Can File an SLP in the Supreme Court?

SLP can be filed by:

• Any aggrieved party (individual or business)
• Government bodies
• Public sector undertakings
• NGOs or associations (in relevant cases)

The key requirement is that the party must be aggrieved by the impugned judgment or order.

When Can You File SLP? – Time Limits & Conditions

Timelines are extremely important.

1. Against a High Court Order

• 90 days from the date of judgment OR
• 60 days from the date of refusal of a certificate of appeal

2. Delay Condonation

The Supreme Court may condone delay if:

• There is a sufficient cause
• Delay is justified with evidence

However, condonation is not guaranteed

How to File SLP in Supreme Court: Step-by-Step Guide

1. Consultation & Case Assessment

An experienced Supreme Court Lawyer in India evaluates:

• Whether your case qualifies for SLP
• Whether the delay (if any) can be condoned
• Whether the matter involves substantial injustice

2. Drafting the SLP

A legally sound SLP includes:

• Synopsis
• List of dates
• Grounds for Special Leave
• Questions of law
• Impugned order
• Annexures

SLP drafting must be precise, persuasive, and legally robust.

3. Filing the SLP

Documents required:

• Certified copy of the impugned judgment
• Court fee
• Vakalatnama
• Supporting affidavits
• Applications for exemption (if applicable)

4. Preliminary Hearing (Admission Stage)

The Court may:

• Issue notice
• Dismiss SLP in limine
• Grant interim relief
• Grant leave (converting SLP into appeal)

5. Final Hearing

Once leave is granted:

• SLP becomes a Civil or Criminal Appeal
• The case is heard on merits
• A final judgment is delivered

Common Mistakes to Avoid While Filing SLP

• Filing without proper grounds
• Missing the limitation period
• Using SLP as a substitute for appeal
• Poor drafting
• Failing to present a question of law
• Lack of supporting documents

Hiring an experienced lawyer in Delhi or a specialist SLP counsel significantly improves your chances.

Case Study: When SLP Changed the Outcome

A mid-sized manufacturing company lost a commercial dispute in the High Court due to procedural irregularities. The statutory appeal route was not available. Our team at VakeelSaab identified key legal errors and filed an SLP highlighting violation of natural justice. The Supreme Court admitted the SLP, stayed the High Court’s decision, and ultimately corrected the procedural error—saving the client from a loss of ₹12 crore.

This example demonstrates how SLP can correct significant legal injustice.

Best Practices for Filing a Strong SLP

• Identify clear legal errors
• Highlight miscarriage of justice
• Keep grounds crisp and legally sound
• Avoid emotional or irrelevant arguments
• Support claims with documents and precedents
• Work with experienced Supreme Court practitioners

Call-to-Action

If you believe a High Court judgment has caused injustice or you want clarity on whether your matter qualifies for an SLP, our team at VakeelSaab is here to help. With experienced Supreme Court Lawyers in India, we provide actionable guidance, precise drafting, and strategic representation tailored to your case.Book an online consultation today and take the right legal step with confidence.

FAQ Section

1. Can SLP be filed against any High Court order?

Yes, except orders passed by armed forces tribunals or where specific statutes prohibit such petitions.

2. Can SLP challenge interim orders?

Generally, no. The Supreme Court discourages SLPs against purely interim or procedural orders.

3. Does SLP guarantee admission?

No. It is completely discretionary.

4. Is personal appearance required?

Not usually. Your advocate-on-record (AOR) handles the filing and arguments.

5. Can SLP challenge criminal convictions?

Yes. Criminal SLPs are common, particularly when miscarriage of justice is claimed.