Special Leave to appeal by Supreme Court under article 136 of the Constitution of India in Part - V, - The Union, States that -
- 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 of matter passed or made by any Court or Tribunal in the territory of India.
- 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.
Under Article 136, the Constitution of India provides power to the Supreme Court to grant special permission or leave to an aggrieved party to appeal against an order passed in any of the lower courts or tribunals in India. It is to be used in case any substantial constitutional question of law is involved, or gross injustice has been done.
It is a discretionary power vested in the Supreme Court of India and the court may in its discretion refuse to grant leave to appeal. The aggrieved party cannot claim special leave to appeal under Article 136 as a right, but it is privilege vested in the Supreme Court of India to grant leave to appeal or not.
This petition is required to state all the facts that are necessary to enable the court to determine whether SLP ought to be granted or not. It is required to be signed by Advocate on record. The petition should also contain statement that the petitioner has not filed any other petition in the High court. It should be accompanied by a certified copy of judgement appealed against and an affidavit by the petitioner verifying the same and should also be accompanied by all the documents that formed part of pleading in Lower court.
Who Can File SLP ?
Any aggrieved party can file SLP against the judgment or order of refusal of grant of certificate.
When can be filed:
It be filed against any judgment or decree or order of any High Court /tribunal in the territory of India.
or can be filed in case the High court refuses to grant the certificate of fitness for appeal to Supreme Court of India.
Time Restrictions:
SLP can be filed against any judgment of High Court within 90 days from the date of judgement; or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
Power vested in the Supreme Court of India under Article 136
The constitution of India vest "discretionary power" in the Supreme Court of India. The Supreme Court of India may in its discretion be able to grant special leave to appeal from any judgment or decree or order in any matter or cause made or passed by any Court/tribunal in the territory of India. The Supreme Court of India may also refuse to grant the leave to appeal by exercising its discretion.
An aggrieved party from the judgment or decree of high court cannot claim special leave to appeal as a right but it is privilege which the Supreme Court of India is vested with and this leave to appeal can be granted by it only.
An aggrieved party can approach the Apex Court under Article 136 in case any constitutional or legal issue exists and which can be clarified by the Supreme Court of India. This can be heard as civil or Criminal appeal as the case may be.
Some Important cases and Judgments on SLP:
- Columbia Sportswear Company v. Directorate of Income Tax (judgment of Supreme Court of India in SLP no 31543 of 2011)
- Tirupati Balaji Developers Pvt. Ltd. Vs. State of Bihar AIR 2004 SC 2351
- Jacob Matthew vs State of Punjab (2005) 6 SCC 1
