📌 *About:*
◾ *Definition:* SLP is an appeal mechanism to the Supreme Court of India provided under Article 136 of the Constitution of India, 1950.
◾ *Scope:* Can be filed against any judgment, order, decree, or determination of any court or tribunal in India, except matters related to armed forces.
◾ *Nature:* Permits Supreme Court to hear appeals even when no direct right of appeal exists.
◾ *Discretionary Power:* Supreme Court has complete discretion to grant or deny special leave.
◾ *Application:* Available in both civil and criminal cases.
📌 *Historical Background:*
◾ *Origin:* Concept derived from the Government of India Act, 1935.
◾ *Evolution:* Term "special leave" appeared in Sections 110, 205, 206, and 208 of the 1935 Act.
◾ *Privy Council Connection:* Originally, special leave was granted by the Privy Council's Judicial Committee under His Majesty-in-Council.
◾ *Constitutional Adoption:* The Indian Constitution incorporated this concept with modifications under Article 136.
📌 *Key Features of SLP:*
◾ *Last Resort:* Filed after all other legal remedies are exhausted.
◾ *Perceived Injustice:* Usually filed when there is perceived injustice or significant legal issue.
◾ *Conversion to Appeal:* If leave is granted, the petition becomes an appeal; if denied, no reasons need be given.
◾ *Constitutional Right:* Supreme Court recognized SLP remedy under Article 136 as a constitutional right.
◾ *Non Obstante Provision:* Article 136 is a non obstante clause, meaning it overrides restrictions on appellate jurisdiction.
📌 *Scope and Applicability:*
◾ *Broad Coverage:* Includes final and interlocutory orders from courts and quasi-judicial tribunals.
◾ *Exceptional Circumstances:* Supreme Court exercises this power in exceptional cases, particularly when legal issues of general public importance arise.
◾ *Self-Imposed Restrictions:* In criminal cases with concurrent findings of fact, Court exercises restraint unless there's perversity, impropriety, violation of natural justice, or errors of law.
◾ *No Strict Guidelines:* Supreme Court has refused to establish rigid standards for exercising Article 136 powers, preferring case-by-case discretion.
📌 *Limitation Period:*
◾ *90-Day Rule:* SLPs must be filed within 90 days from the date of High Court judgment.
◾ *60-Day Rule:* Within 60 days against High Court orders refusing certificate of fitness for appeal to Supreme Court.
📌 *Filing Procedure:*
◾ *Who Can File:* Any aggrieved party can file an SLP.
◾ *Requirements:* Must provide concise summary of case facts, issues, timeline, and legal arguments.
◾ *Court Process:* After filing, petitioner presents case; Court may issue notice to opposing party who submits counter-affidavit.
◾ *Decision:* Supreme Court decides whether to grant leave based on merits.
◾ *Post-Grant:* If granted, case converts to civil appeal and is heard by Supreme Court.
📌 *Common Grounds for Filing:*
- Substantial question of law
- Gross miscarriage of justice
- Violation of principles of natural justice
- Violation of fundamental rights
◾ *Article 136 Provisions:*
- *Clause (1):* Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence, or order of any court/tribunal in India.
- *Clause (2):* Excludes judgments/orders from courts/tribunals under laws relating to Armed Forces.
📌 *Landmark Cases:*
◾ *Pritam Singh v. The State (1950):* Supreme Court should intervene only in exceptional circumstances.
◾ *Laxmi & Co. v. Anand R. Deshpande (1972):* Court may consider subsequent developments to advance justice.
◾ *Kerala State v. Kunhayammed (2000):* Declining to grant leave doesn't invoke appellate jurisdiction.
◾ *N. Suriyakala v. A. Mohandoss (2007):* Article 136 doesn't establish ordinary appeal court but grants discretionary powers for justice.
◾ *Mathai Joby v. George (2016):* Supreme Court's authority should not be limited but used sparingly and sensibly.
