Understanding the Indian Special Leave Petition: A Handbook for Lawyers and the General Public

The Indian Special Leave Petition (SLP) is a powerful legal mechanism that allows litigants to appeal to the Supreme Court of India when a lower court makes an unfair or incorrect decision. In this article, we will provide a comprehensive guide to the SLP process, including the criteria for filing an SLP, the grounds on which the Supreme Court may grant an SLP, and the procedural requirements for filing an SLP.

Criteria for Filing an SLP:

The Supreme Court is not required to hear every case brought under the SLP. In order to file an SLP, a litigant must first obtain special leave from the Supreme Court. Only in exceptional circumstances is special leave granted, and the Supreme Court will consider the following factors when deciding whether to grant special leave:

1. The case raises a question of law of general public importance.
2. The case involves a miscarriage of justice.
3. The case involves a serious violation of fundamental rights.

Grounds on which the Supreme Court may grant an

Special Leave Petition:

The Supreme Court will consider the merits of the case before granting the litigant special leave to file an SLP. The Supreme Court may grant an SLP on any of the following grounds:

1. The decision of the lower court is contrary to the law.
2. The decision of the lower court is based on an incorrect interpretation of the law.
3. The decision of the lower court is perverse or unreasonable.

Procedural Requirements for Filing a Special Leave Petition:

In order to file an SLP, a litigant must follow certain procedural requirements. These requirements include the following:

1. Filing a petition: The litigant must file a petition for special leave to appeal to the Supreme Court. The petitioner must clearly state the grounds on which they seek special leave and must accompany the statement with supporting documents.
2. Paying a fee: The litigant must pay a fee of Rs. 500/- at the time of filing the petition.
3. Serving notice: The litigant must serve notice of the petition on the respondent(s) and on any other parties who may be interested in the case.
4. Providing copies: The litigant must provide the Supreme Court with copies of all relevant documents and records.
5. Appearing before the court: The litigant must appear before the Supreme Court on the date of the hearing and make his or her arguments in support of the petition.

Conclusion:

The Indian Special Leave Petition provides a means of appealing to the highest court when lower courts fail to provide justice. The SLP process can be complex and challenging, but with careful preparation and expert legal assistance, litigants can achieve success in their efforts to seek justice. If you are considering filing an SLP, it is important to seek the advice of an experienced legal practitioner who can guide you through the process and help you to present your case effectively before the Supreme Court.   Also read: Caveat Petition – A brief review What is Transfer Petition