Answer By law4u team
A Special Leave Petition (SLP) is a legal remedy under Article 136 of the Indian Constitution that allows a person to appeal to the Supreme Court of India against any judgment, decree, or order passed by any court or tribunal in the country (except military courts). Key Features of SLP: 1. Constitutional Basis: SLP is provided under Article 136, which empowers the Supreme Court to grant “special leave to appeal” in cases where it deems fit. 2. Discretionary Power: The Supreme Court is not bound to accept every SLP. It uses this power sparingly in cases involving: - Substantial question of law - Gross injustice - Violation of natural justice - Serious error in law 3. Who Can File: Any aggrieved person can file an SLP against: - Judgments of High Courts - Orders of tribunals or lower courts 4. Time Limit: - 90 days from the date of the High Court judgment, or - 60 days if the High Court refused to grant a certificate of appeal to the Supreme Court. 5. Procedure: - File a petition stating facts, legal grounds, and why special leave should be granted. - Attach a certified copy of the judgment being challenged. - The Supreme Court will hear the matter and decide whether to grant leave. 6. Outcome: - If leave is granted, the SLP becomes a regular appeal before the Supreme Court. - If leave is denied, the case ends there. Practical Use: SLP is often used in civil, criminal, tax, service, and constitutional matters when no other direct appeal lies to the Supreme Court.
