What Is a Special Leave Petition (SLP)? — Meaning, Procedure, Time Limit & How It Works

A Special Leave Petition (SLP) is a legal route through which a person can request the Supreme Court of India to examine a decision passed by a lower court or tribunal. It is not a routine appeal available as a matter of right. Instead, it is a special permission that the Supreme Court may grant in exceptional situations where justice demands its direct intervention.

At Zenanta Legal, Lawyers in the Supreme Court of India, SLP matters form a core part of our practice. We regularly advise litigants on whether their case genuinely merits the Supreme Court’s attention and how to present it effectively under the constitutional framework.

Understanding the Meaning of a Special Leave Petition

To understand an SLP in simple terms, think of it as a final knock on the door of the country’s highest court. When a person feels that a High Court or tribunal decision has resulted in serious injustice, and no ordinary appeal is available, they may seek special leave from the Supreme Court to challenge that decision.

An SLP does not automatically mean the case will be heard. The Supreme Court first decides whether the matter deserves its time. Only if the Court is satisfied that there is something fundamentally wrong or legally significant does it grant “leave” and convert the petition into a regular appeal.

Constitutional Foundation of SLP – Article 136

The power to entertain an SLP comes from Article 136. This provision gives the Supreme Court very wide authority to grant special leave against any judgment, decree, order, or sentence passed by any court or tribunal in India, except those related to the armed forces.

This wide power exists to ensure that justice does not fail merely because procedural or technical barriers block ordinary appeals. However, because this power is extraordinary, the Supreme Court exercises it with great restraint.

Why Does the Supreme Court Have This Power?

The framers of the Constitution intended Article 136 to act as a safety valve. Courts can make mistakes, laws can be misapplied, and sometimes a judgment may cause grave injustice. In such situations, the Supreme Court must have the authority to step in and correct the error, even if no normal appeal is provided by law.

From a practical standpoint, this power also helps maintain uniformity in legal interpretation across India. When different courts take conflicting views on important legal questions, SLPs allow the Supreme Court to settle the law conclusively.

Who Can File a Special Leave Petition?

Any person who is genuinely aggrieved by a judgment or order may file an SLP. This usually means a party who has lost the case in the High Court or tribunal. In rare and exceptional cases, even a third party may approach the Supreme Court if the issue affects public interest or raises an important legal principle.

At Zenanta Legal, Supreme Court Lawyers, we carefully evaluate whether the petitioner has the legal standing and whether the grievance raised is serious enough to invoke Article 136.

When Is Filing an SLP Appropriate?

An SLP is generally considered appropriate when a case involves a substantial question of law, a clear violation of legal principles, or a miscarriage of justice. It is also relevant where the lower court’s decision appears arbitrary, perverse, or contrary to settled law.

It is important for laypersons to understand that an SLP is not meant to be a second round of arguments on facts. The Supreme Court is not a regular fact-finding court. It intervenes mainly to correct legal errors of serious consequence.

Time Limit for Filing an SLP

Time is critical in SLP matters. Ordinarily, an SLP must be filed within 90 days from the date of the High Court’s judgment. If a review petition was filed before the High Court and was dismissed, the time limit is generally 60 days from the date of dismissal of the review.

Although the Supreme Court has the power to condone delay, such requests are examined strictly. At Zenanta Legal, we emphasise early action and precise limitation calculations to avoid unnecessary procedural hurdles.

How the SLP Process Works in Practice

The process begins with consultation and case assessment. In the Supreme Court, only an Advocate-on-Record (AOR) can formally file a petition. The petition is drafted by setting out the facts, the impugned judgment, and most importantly, the legal grounds that justify Supreme Court intervention.

Once filed, the SLP is listed before the Court for a preliminary hearing, commonly known as the “leave stage”. At this stage, the Court decides whether to grant leave. Many SLPs are dismissed at this threshold itself. If leave is granted, the matter becomes a regular civil or criminal appeal and proceeds to detailed hearing.

Grounds on Which the Supreme Court Entertains SLPs

While there is no rigid formula, the Supreme Court generally looks for factors such as violation of constitutional rights, manifest errors of law, findings that shock judicial conscience, or conflicting interpretations of law by different courts.

Simple disagreement with the lower court’s view is usually not enough. The petition must demonstrate that the case raises issues of real legal or public importance.

What Happens If an SLP Is Dismissed?

If an SLP is dismissed at the threshold, the lower court’s judgment continues to operate. Often, the Supreme Court dismisses SLPs without giving detailed reasons. Such dismissal does not necessarily mean the Supreme Court agrees with the reasoning of the lower court; it only means that the Court did not find the case fit for exercise of its special jurisdiction.

Practical Guidance for Laypersons

For someone unfamiliar with Supreme Court practice, the SLP process can appear complex. Acting promptly, choosing experienced Supreme Court counsel, and focusing on clear legal issues are crucial. At Zenanta Legal, Lawyers in the Supreme Court, we guide clients through each stage, from assessing maintainability to final arguments, with transparency and clarity.

In Simple Words: Why SLP Matters

A Special Leave Petition is the Supreme Court’s tool to ensure that justice ultimately prevails. It is not a routine remedy, but when used correctly, it can correct serious wrongs and clarify the law for the entire country. For litigants who have exhausted ordinary remedies, it represents the final constitutional safeguard.

About Zenanta Legal – Supreme Court Lawyers

Zenanta Legal is a Supreme Court-focused law firm representing clients before the Supreme Court of India across civil, criminal, constitutional, and special leave matters. Our practice is rooted in careful case selection, precise drafting, and strong courtroom advocacy, especially in SLPs under Article 136.