This Article has been written by Nidash Prashar, a First Year Student at Rajiv Gandhi National University Of Law, Patiala.

Introduction:

Special Leave to Appeal (SLA) is a type of legal remedy in India that allows a person to appeal a decision made by a lower court to the Supreme Court of India. The SLA is granted by the Supreme Court at its discretion and is usually granted in cases where the appeal raises an important question of law or where there is a substantial cause for the appeal.

The legal angle of Special Leave to Appeal (SLA) in India is based on Article 136 of the Indian Constitution, which grants the Supreme Court the power to grant special leave to appeal in any case. This means that the Supreme Court has the discretionary power to entertain an appeal against 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.The grant of SLA is discretionary and not a matter of right, and the Supreme Court can grant or deny an SLA based on its own discretion, after considering the facts and circumstances of each case. However, the court is usually inclined to grant SLA in cases where there is an important question of law involved or where there is a substantial cause for appeal.In deciding an SLA petition, the Supreme Court considers the nature of the case, the complexity of the legal issues involved, the impact of the case on the public, and the importance of the case for the administration of justice.The grant of SLA is a judicial remedy and it provides an opportunity for the parties to challenge the decision of a lower court and to have their case reviewed by the highest court in the country. The final decision of the Supreme Court in an SLA case is binding and is final, with no further right of appeal.

The nature of Article 136 is discretionary, meaning that the Supreme Court has the discretion to grant or deny special leave to appeal, even if the grounds for the appeal are valid. The court will consider the facts and circumstances of each case and the interests of justice before making a decision.The Supreme Court can exercise this power to grant special leave to appeal in any cause or matter, including civil, criminal, and administrative cases. This provides an important avenue for individuals and organizations to challenge decisions made by lower courts, especially in cases where important questions of law are involved or where there is a substantial cause for appeal.

The procedure for filing a Special Leave Petition (SLP) in the Supreme Court of India involves the following steps:

1.Preparation of the petition: The petitioner must draft a petition that outlines the grounds for the appeal and explains why the case is important enough to warrant the Supreme Court’s attention.

2.Filing of the petition: The petitioner must file the petition in the Supreme Court, along with the required fees and a copy of the judgment or order being appealed.

3.Issuance of notice: Upon receipt of the petition, the Supreme Court will issue a notice to the respondent, informing them of the filing of the SLP and giving them an opportunity to respond.

4.Response by the respondent: The respondent has the opportunity to file a written response to the SLP, challenging the grounds for the appeal and explaining why the Supreme Court should not grant special leave to appeal.

5.Hearing by the Supreme Court: The Supreme Court will hear the SLP and consider the arguments made by both parties. The court may also request additional information or evidence from the parties, if necessary.

6.Grant or denial of special leave to appeal: After considering the arguments and evidence, the Supreme Court will make a decision on whether to grant or deny special leave to appeal. If the SLP is granted, the Supreme Court will hear the appeal and make a final decision on the matter.

It is important to note that the Supreme Court has the discretion to grant or deny special leave to appeal, even if the grounds for the appeal are valid. The court will take into consideration the circumstances of each case and the interests of justice before making a decision.

The dismissal of a Special Leave Petition (SLP) in the Supreme Court of India means that the court has decided not to grant special leave to appeal in a particular case. This means that the judgment or order of the lower court will stand and cannot be challenged further in the Supreme Court.

The dismissal of an SLP can occur for several reasons, including:

1.Lack of merit: The Supreme Court may dismiss an SLP if it determines that the grounds for appeal are not sufficient to warrant further review.

2.Limitation of jurisdiction: The Supreme Court may dismiss an SLP if it determines that it does not have jurisdiction to hear the case, either because the case is outside the scope of its powers or because it has already been decided by another court.

3.Failure to comply with rules and procedures: The Supreme Court may dismiss an SLP if the petitioner fails to comply with the rules and procedures for filing an SLP, such as failing to pay the required fees or failing to provide a copy of the judgment being appealed.

4.Mootness: The Supreme Court may dismiss an SLP if the case is no longer relevant or if the dispute has been resolved through other means.

5.Alternative remedies available: The Supreme Court may dismiss an SLP if it determines that there are alternative remedies available to the petitioner, such as a review or a writ petition.

The Special Leave Petition (SLP) in the Supreme Court of India is subject to certain limitations, including:

1.Discretionary nature: The Supreme Court has discretion to grant or deny special leave to appeal, even if the grounds for appeal are valid. The court will consider the circumstances of each case and the interests of justice before making a decision.

2.Time limit: SLPs must be filed within a specified time limit, which is typically 90 days from the date of the judgment or order being appealed. If the petitioner fails to file the SLP within the time limit, the right to challenge the judgment in the Supreme Court will be lost.

3.Limited scope of review: The Supreme Court’s review of an SLP is limited to the grounds raised in the petition. The court cannot review new evidence or arguments that were not raised in the original petition.

In conclusion, the Special Leave Petition (SLP) in the Supreme Court of India provides a mechanism for parties to challenge the decisions of lower courts and tribunals. The SLP serves as an important tool for ensuring that justice is done and protecting the rights of individuals and organizations. However, the SLP is subject to certain limitations, including its discretionary nature, time limit, jurisdictional limits, mootness, alternative remedies, and limited scope of review. These limitations ensure that the Supreme Court’s resources are used efficiently and effectively, and that the interests of justice are balanced with the rights of parties. By understanding the SLP process and the limitations involved, parties can make informed decisions about their legal rights and obligations.

REFERENCES:

Special Leave to Appeal – LawBhoomi

Special Leave Petition – What, How & When – iPleaders

The Special Leave to Appeal (lawteacher.net)

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