Special Leave Petition Under Article 136 — Supreme Court Appeal Guide 2026

What Is a Special Leave Petition?

A Special Leave Petition (SLP) under Article 136 of the Constitution is the most commonly used route for reaching the Supreme Court of India. Article 136(1): "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." This gives the Supreme Court extraordinary and DISCRETIONARY power to hear appeals from ANY court or tribunal — making it the ultimate appellate authority. However: SLP is not a right — the Supreme Court grants leave ONLY when it considers the case worthy of its consideration.

When to File SLP

SLP is appropriate when: (a) the High Court has committed a substantial error of law — wrong interpretation, ignoring binding precedent, (b) there is a gross miscarriage of justice — clearly unjust result, (c) conflicting decisions of different High Courts need uniform resolution, (d) the case involves a question of general public importance, (e) the penalty/sentence is manifestly excessive or unjust, (f) the lower courts have acted without jurisdiction or in violation of natural justice. SLP is NOT for: routine re-examination of evidence, minor procedural errors, or cases where the lower courts have correctly applied settled law.

Procedure for Filing SLP

Step 1 — Prepare the Petition: The SLP petition contains: (a) court heading ("IN THE SUPREME COURT OF INDIA"), (b) parties (Petitioner vs Respondent), (c) synopsis and list of dates — concise summary (Supreme Court requirement), (d) grounds — why the Supreme Court should grant leave, (e) prayer — "grant special leave to appeal and set aside the impugned order," (f) certified copy of the impugned High Court order.

Step 2 — File: File the SLP through the Supreme Court's e-filing portal or in person at the Supreme Court Registry, New Delhi. Filing fee: as prescribed (varies by type — civil, criminal, tax).

Step 3 — Leave Stage: The SLP is first listed before a bench (typically 2 judges) at the "leave stage" — the court examines whether the case deserves hearing. The petitioner's advocate makes brief oral submissions. The court either: (a) GRANTS leave — the SLP is converted into a civil/criminal appeal and heard on merits, (b) DISMISSES — the SLP is rejected ("dismissed" or "dismissed as withdrawn"). Most SLPs are disposed of at the leave stage.

Step 4 — If Leave Granted: The case is numbered as a Civil Appeal or Criminal Appeal. The respondent is issued notice. Full arguments are heard on merits. The Supreme Court passes judgment.

Limitation

Civil matters: 90 days from the date of the impugned order. Criminal matters: 60 days. Time for obtaining certified copy is excluded (Section 12 Limitation Act applies). Condonation of delay is available — but the Supreme Court is generally STRICT about delays (unlike lower courts).

Interim Relief

The petitioner may seek interim relief along with the SLP: (a) STAY of the impugned order — preventing its enforcement pending hearing, (b) STATUS QUO — maintaining the current position, (c) BAIL — in criminal SLPs. Interim relief is not granted automatically — the petitioner must show: prima facie case, irreparable harm, and balance of convenience.

SLP in Company Law and Securities Law

SLPs are commonly filed in: (a) appeals from NCLAT orders (company law and IBC matters — Section 423 Companies Act), (b) appeals from SAT orders (SEBI matters — Section 15Z SEBI Act), (c) challenges to High Court orders in company-related matters, (d) challenges to NCLT/NCLAT jurisdiction. CS professionals draft SLP petitions (though only Advocates-on-Record can file before the Supreme Court — the CS collaborates with the AOR).

Key Principles

(a) Discretionary: Article 136 is discretionary — the Supreme Court can refuse without giving reasons. (b) No limitation on subject matter: Civil, criminal, constitutional, tax, labor — any matter from any court/tribunal. (c) Excludes military tribunals: Article 136(2) — SLP does not apply to military courts. (d) Not a fourth court of appeal: The Supreme Court does not sit as a regular appellate court — SLP is for exceptional cases only. (e) Concurrent findings: If both the trial court and the appellate court agree on facts (concurrent findings): the Supreme Court generally does NOT interfere — unless the findings are perverse.