Special Leave Petitions (SLP) has important place in the Judiciary of India. It has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
Under Article 136 of the Constitution of India the Supreme Court of India vests with a special power to grant special leave, to appeal against any Judgment or Order or decree in any matter or cause, passed or made by any Court/ Tribunal in the Territory of India.
This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done. Special Leave Petition provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.
Under the following circumstances Special Leave petition or SLP can be presented:
SLP can be filed against any judgment or decree or order of any High Court /tribunal in the territory of India.
Or, SLP can be filed in case the High court refuses to grant the certificate of fitness for appeal to Supreme Court of India.
Special Leave Petition -SLP in India can be filed against any judgment of High Court within 90 days from the date of judgment.
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.
Any aggrieved party can file Special Leave Petition against the judgment or order of refusal of grant of certificate.
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.
It is 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.
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