Brief - Article 126 - Special Leave Petition

 

Special Leave Petition (SLP) under Article 136

Article 136 of the Indian Constitution empowers the Supreme Court of India to grant special leave to appeal against any judgment, decree, order, sentence, or direction passed by any court or tribunal in India. It's a discretionary power vested in the Supreme Court, meaning they have the authority to decide whether or not to hear the appeal.

Key Points about SLPs:

• Who Can File: Any aggrieved party (individual or entity) affected by a judgment from a lower court or tribunal can file an SLP.
• Grounds for Filing: Common grounds for filing an SLP include:
  • Constitutional question of substantial importance is involved (interpretation of the Constitution)
  • Gross miscarriage of justice has occurred in the lower court's decision
  • Error of law requiring correction by the Supreme Court

Discretionary Power:

• The Supreme Court is not obligated to grant leave for every SLP filed.
• They carefully consider the merits of each petition before deciding whether to hear the appeal.

Procedure for Filing an SLP:

• A formal petition following specific legal guidelines needs to be submitted to the Supreme Court.
• The petition should clearly outline the grounds for seeking leave to appeal and the specific legal issues requiring the Supreme Court's intervention.
• Legal representation by an advocate is highly recommended for navigating the complexities of filing an SLP.

Significance of SLPs:

• Provides an opportunity to challenge decisions of lower courts/tribunals in cases with significant legal issues or potential injustice.
• Helps ensure uniformity in the interpretation of law across the country.
• Offers a safety valve to correct grave errors in lower court judgments.

Exceptions:

• Article 136(2) excludes judgments from military courts or tribunals from the purview of SLPs.

Additional Notes:

• Filing an SLP is a complex legal process, and seeking legal advice is crucial to understand the eligibility, grounds, and proper procedures involved.
• The Supreme Court dismisses a significant number of SLPs due to various reasons, including lack of merit or alternative remedies available.

In essence, Article 136 provides a crucial mechanism for individuals and entities to seek justice from the highest court in India by challenging lower court decisions with substantial legal issues or potential injustice. However, it's a discretionary power exercised by the Supreme Court based on the merits of each petition.