Why in the News?

Vice President Jagdeep Dhankhar recently raised concerns over the wide usage of Special Leave Petitions (SLPs) under Article 136 of the Indian Constitution, stating that what was meant to be a “narrow slit” has now turned into a wide judicial intervention.

What is a Special Leave Petition (SLP) under Article 136?

• A SLP is an extraordinary appeal mechanism that allows the Supreme Court (SC) to intervene in any judgment, decree, or order passed by a lower court or tribunal, except in matters related to the Armed Forces Tribunal.
• SLP is discretionary, meaning the SC is NOT obligated to hear every petition filed under Article 136.
• The concept of SLP originates from the Government of India Act, 1935, which gave a similar power to the Privy Council in colonial times.

Key Features of SLP:

• Jurisdiction of Article 136:
  • The SC has the power to grant special leave to appeal against judgments of High Courts, tribunals, or other judicial bodies.
  • This allows the SC to examine cases that may not have a direct appeal provision under law.
• Scope of Application:
  • SLPs can be filed in both civil and criminal cases.
  • It can be used even in cases where a High Court refuses to grant a certificate of appeal to the Supreme Court.
  • The SC may accept or reject an SLP without providing reasons.
• Time Limit for Filing:
  • 90 days from the date of the High Court’s judgment.
  • 60 days if the High Court refuses to certify an appeal.
• Judicial Discretion:
  • SLP is not an automatic right of appeal but is granted only in cases where the SC finds that a substantial question of law or injustice is involved.
  • Even if an SLP is accepted, the SC may later decline to interfere in the final decision.
• Conversion into a Formal Appeal: If the SC grants leave under an SLP, the case turns into a full-fledged appeal, allowing both parties to present their arguments.

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