Special Leave Petition

While writing about Kingfisher Airlines TDS default, my co-panelist CA Prasad mentioned about Speical Leave Petition (SLP) filed by the company at Supreme Court. In this connect, I chose to write about SLP. Article 136 of the Constitution of India gives power to the Supreme Court of India to grant Special Leave of appeal against the orders of High Courts, Tribunals and other Courts in the territory of India.

In terms of Article 136 of the Constitution of India:

(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.

(2) 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.

A Special Leave Petition may be filed against the orders of High Courts, Tribunals and other Courts, at the discretion of Supreme Court of India, if there are any legal or constitutional issues which arise due to orders of High Courts, Tribunals and other Courts in India, which need consideration by the Supreme Court of India.

A Special Leave to appeal is granted at the discretion of Supreme Court of India. There are no rules laid as to the circumstances under which Supreme Court of India may exercise its discretion. The discretion is usually exercised by the Supreme Court of India only in special and extra-ordinary situations where legal issues require its immediate attention or where a question of law on general public importance arises.

In MahendraSaree Emporium II vs. G.V. Srinivasa Murthy (2005) 1 SCC 481, it was stated that finality of a decision by a Court as per any law doesn’t prevent Supreme Court of India from exercising its jurisdiction under Article 136 of the Constitution of India. A party may approach the Supreme Court of India for a Special Leave for appeal even if there are appealable provisions in the concerned act or Constitution of India.

There are instances when the Supreme Court of India refused to entertain Special Leave Petition and directed the litigants to exhaust provisions pertaining to appeal and other remedies available under the law.

In Preetam Singh Vs. the State (1950), the Supreme Court of India observed that it will exercise its jurisdiction on Special Leave to appeal only when exceptional and special circumstances exist and substantial and grave injustice has been done by lower Courts/Tribunals.

In Smt. TejKumari Vs. Commissioner of Income Tax (2001), in an important judgment, the Division Bench of Patna High Court stated that if it is a case where Special Leave Petition was summarily dismissed under Article 136 of the Indian Constitution, such dismissal doesn’t lay any law rather it should be construed as the Supreme Court has held that the case is not fit enough for granting Special Leave Petition.

However, if the Supreme Court dismissesa civil appeal after hearing the parties holding that the appeal has no merit, then such order becomes a law declared by the Supreme Court binding all the courts within the territory of India under Article 141 of the Constitution of India. As per Article 141, the law declared by the Supreme Court of India shall bebinding on all courts within the territory of India.

Conclusion

In light of above precedents, it may be noted that Special Leave for appeal may be filed with the Supreme Court of India under Article 136 of the Constitution of India against the order of High Courts or Tribunals or other Courts within the jurisdiction of India, even if appealable provisions are available to such petitioner.

The Supreme Court of India grants Special Leave Petition judicially, only when orders of High Courts or Tribunals or other lower courts lead to incorrect interpretation of any law or the Constitution of India.

There are no wide principles laid for granting of Special Leave to appeal either by the Constitution of  India or by the Supreme Court of India, except under Article 136 of the Constitution of India. The only rule laid down by Supreme Court is that it will grant Special Leave to appeal only in exceptional and special circumstances when substantial and grave injustice is done by the order of the High Courts, Tribunals or other Courts in the territory of India.

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