Definition
A petition under Article 136 of the Constitution seeking the Supreme Court's special leave to appeal against any judgment, decree, determination, sentence, or order made by any court or tribunal in India.
Article 136 of the Constitution grants the Supreme Court a discretionary and extraordinary power to grant special leave to appeal from any order of any court or tribunal. An SLP is not an appeal as of right — it is a request for leave (permission) to appeal. The Supreme Court may grant or refuse leave without giving reasons. If leave is granted, the SLP converts into a full civil or criminal appeal. The Supreme Court uses SLPs as a discretionary docket control mechanism — it typically grants leave only where: (a) substantial questions of law of general importance arise; (b) grave injustice has occurred; (c) conflicting decisions of different High Courts need resolution; or (d) important constitutional questions need determination.
Statutory Definition
Article 136(1), Constitution of India: 'Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.' Article 136(2): 'Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.'
Etymology & Origin
From 'special' (extraordinary, particular) + 'leave' (permission, from Old French 'laisser' — to allow) + 'petition' (a formal request to a court). An SLP is a 'particular permission' requested from the Supreme Court to bring an appeal that is not available as of right under other provisions.
Full Legal Analysis
Special Leave Petition: The Supreme Court’s Gatekeeper
The SLP is both the Supreme Court’s most important jurisdictional tool and its greatest source of workload. Virtually any court or tribunal order can be challenged before the Supreme Court by way of SLP — from district court orders to High Court judgments to NCLT orders. The Court’s discretion to grant or refuse leave is the only filter between the Court and an overwhelming docket. In practice, the vast majority of SLPs are dismissed at the admission stage.
Article 136: The Width of SLP Jurisdiction
Article 136 is extraordinarily wide: 'any judgment, decree, determination, sentence or order... passed or made by any court or tribunal' — this covers the entire judicial and quasi-judicial hierarchy. Only the Armed Forces Tribunals are excluded. Courts from which SLP has been entertained: All High Courts; National Company Law Appellate Tribunal (NCLAT); Competition Appellate Tribunal; Securities Appellate Tribunal; National Green Tribunal; Debt Recovery Tribunals. The Supreme Court has used this width to ensure uniform interpretation of national laws across different High Courts.
Grounds for Granting SLP Leave
The Supreme Court does not ordinarily grant leave for: (a) factual disputes — findings of fact by the trial court and High Court are generally conclusive; (b) concurrent findings — where both the trial court and the High Court agree on the facts, SLP is rarely entertained; (c) pure appreciation of evidence — re-assessment of witness credibility is not SLP territory. The Court grants leave primarily for: substantial questions of law, constitutional questions, conflicting decisions, grave injustice, or matters of national importance.
“Article 136 makes the Supreme Court the apex court in the truest sense — any court order from any proceeding can potentially come before it. The SLP is the funnel: it admits some cases, filters out most, and ensures the Supreme Court’s energy is directed where it matters most — questions of law, constitutional importance, and grave injustice.”
This Term in Indian Statutes
Constitution of India, 1950
"Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India."
SLP: Supreme Court's discretionary power to grant leave to appeal from ANY court/tribunal order — not applicable to armed forces courts
