Special Leave Petition In India: A Bypass Jurisdiction

Introduction

The Special Leave Petition (SLP) is a mechanism by which the Supreme Court of India exercises its discretionary jurisdiction. It enables individuals or organizations to seek leave or permission to appeal before the apex court directly under the jurisdiction of Article 136 of the Indian constitution without lower courts can be used to get justice faster as by this one can directly approach the Supreme Court of India but it depends on the discretion of apex court to take the case or not. An SLP is considered a significant legal remedy in India, and this paper will comprehensively analyze its key aspects.

Historical Development of SLP

The roots of SLP can be traced back to the Government of India Act, of 1935, which laid the foundation for the establishment of the Supreme Court of India. The SLP's evolution is marked by significant legal milestones, including its incorporation into the Constitution of India in 1950. This mechanism was designed to ensure that justice is not denied due to a strict adherence to procedural laws.

Argument: The historical development of SLP reflects the Indian legal system's commitment to providing justice and flexibility in the face of complex legal cases.

Legal Framework of SLP

The legal framework governing Special Leave Petition (SLP) in India is predominantly established by Article 136 of the Constitution. This constitutional provision grants discretionary authority to the Supreme Court, allowing it to entertain appeals from any judgment, decree, determination, sentence, or order passed by any court or tribunal in the country. Article 136 serves as a residual provision, endowing the Supreme Court with unique powers not constrained by specific conditions.

The discretion it confers enables the court to exercise flexibility and adaptability in granting or refusing leave to appeal. The initiation of SLP proceedings involves the filing of a petition before the Supreme Court, wherein the petitioner must establish the existence of substantial questions of law or matters of national importance. The criteria for granting SLP hinge on the presence of substantial questions of law, implying issues of considerable significance rather than routine legal matters. Additionally, the Supreme Court may exercise its discretion to grant leave in cases of national or public importance, broadening the scope of its intervention.

The discretionary nature of SLP is a fundamental aspect of its legal framework. It empowers the Supreme Court to exercise judicial prudence, carefully selecting cases that warrant its attention. Article 136 does not delineate the limits of the Supreme Court's appellate jurisdiction, leaving it to the court's discretion to determine the relevance and significance of each case

Procedural Aspects of SLP

The process of filing an SLP is not bound by stringent conditions, providing flexibility to litigants seeking extraordinary relief. Once an SLP is filed, the Supreme Court exercises its discretion in determining whether to grant leave to appeal. The criteria for granting SLP include the presence of substantial questions of law, emphasizing the importance of the legal issues involved. The discretionary power of the Supreme Court allows it to be discerning in its selection of cases, ensuring that only matters of considerable significance or those with national implications are entertained.?

This discretionary nature distinguishes the SLP mechanism from regular appellate procedures and allows the Supreme Court to act as a safeguard against miscarriages of justice. Upon granting leave, the Supreme Court proceeds to hear the appeal on its merits. The SLP process, while providing an avenue for extraordinary appeals, underscores the court's careful consideration of cases that necessitate its intervention.?

This discretionary framework ensures that the Supreme Court can prioritize cases that impact the legal landscape or involve pressing questions of law. In essence, the procedural aspects of SLP in India underscore the unique nature of this legal mechanism. From the initiation of proceedings to the grant or refusal of leave, the process reflects the delicate balance between providing litigants with an avenue for redressal in exceptional cases and maintaining the Supreme Court's discretion to preserve the sanctity of the legal system.

Argument: The procedural aspects of SLP help ensure that only cases of genuine significance and legal merit are brought before the Supreme Court, thereby maintaining the court's efficiency.

Significance of SLP in the Indian Legal Landscape

Special Leave Petitions play a pivotal role in the Indian legal system. They enable individuals to approach the Supreme Court directly, providing access to justice and a mechanism for redressal against erroneous judgments. SLPs are not limited to individuals but extend to organizations, government entities, and private parties, making them a vital tool for legal recourse.

Argument: SLPs serve as a crucial bridge between lower courts/tribunals and the Supreme Court, facilitating justice delivery and serving as a safety valve for aggrieved parties.

Conclusion

Special Leave Petitions have evolved over the years to become a vital component of the Indian legal system. They not only ensure access to justice but also serve as a mechanism to address issues of public importance. The discretionary power vested in the Supreme Court under Article 136, along with the procedural framework, strikes a balance between justice and legal formalism. SLPs have been instrumental in shaping legal discourse, and their significance in the Indian legal landscape cannot be overstated.

This article presents the insights of Shashank Singh a first year student at Christ University, NCR. The author's perspectives and opinions are entirely based on their personal viewpoint.