Special Leave Petition (SLP) under Article 136 in Indian Judiciary

Special Leave Petition under Article 136: A Path to the Supreme Court's Intervention

The Special Leave Petition (SLP) mechanism, enshrined in Article 136 of the Indian Constitution, serves as a means to seek the Supreme Court's intervention when the petitioner believes that an error has occurred in a judgment or order by a subordinate court or when they wish for the Supreme Court to decide on a matter of general importance.

Jurisdiction of the Supreme Court

The Supreme Court enjoys comprehensive original jurisdiction under Article 136, which enables it to handle SLPs. This jurisdiction extends to all cases and matters in which a substantial question of law is involved, and the decision of the Supreme Court is considered necessary for the guidance of the subordinate courts.

Grounds for Filing a Special Leave Petition

An SLP can be filed when a petitioner believes that an error has occurred in a judgment or order of a subordinate court. This error could be one of fact, law, or procedure. However, the error must be of such a nature that it impacts the correctness or propriety of the final judgment or order, causing miscarriage of justice. The error in question should also be apparent on the face of the record, meaning that it does not require further investigation or evidence to establish.

Procedure for Filing a Special Leave Petition

An SLP must be filed within 90 days from the date of the judgment or order sought to be challenged. The petition must be accompanied by a petition for special leave to appeal, a memorandum of facts, and relevant documents. The SLP is presented to the Registrar of the Supreme Court, who then forwards it to the Chief Justice of India (CJI) or a judge nominated by the CJI for consideration. The CJI or the nominated judge decides whether to admit the SLP or not.

Cases Where Special Leave Petitions Can Be Filed

SLPs can be filed in various situations, including:

1. When a petitioner believes that a substantial question of law appears to be involved in a decision of a subordinate court.
2. When an order or judgment of a subordinate court has been passed without jurisdiction.
3. When the subordinate court has not observed the procedure prescribed by law.
4. When a decree or order is passed without the signatures of the requisite number of judges.

Precedents Set by Supreme Court in Special Leave Petitions

The Supreme Court has set several precedents in SLP cases, including:

1. In State of Maharashtra v. Kailash Kushanlal Gandhi (1978), the court ruled that SLPs can be filed to challenge any judgment of any court or tribunal in India, as per the provisions of Article 136 of the Indian Constitution.
2. In R.B.C. v. State of Madras (1957), the court held that an SLP must be filed within 90 days from the date of the judgment or order sought to be challenged.
3. In S.P. Gupta v. Union of India (1982), the court ruled that an SLP can be used to challenge the constitutionality of a statute or executive action.
4. In Special Leave to Appeal (Civil) No. 5334 of 1990 (1991), the court held that the error referred to in Article 136 must be apparent on the face of the record, and it does not require further investigation or evidence to establish.

These precedents have provided guidelines for petitioners and the Supreme Court in handling SLPs, ensuring that they are used as intended to maintain justice and uphold the rule of law in India.