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A petition seeking the Supreme Court's discretionary permission to appeal against almost any order of any court or tribunal in India.
A Special Leave Petition is an application asking the Supreme Court of India to grant special leave, that is permission, to appeal against a judgment, decree, determination, sentence or order passed by any court or tribunal in the country. It is filed under Article 136 of the Constitution, which confers on the Supreme Court a discretionary power far wider than its ordinary appellate jurisdiction. The petition is not an appeal in itself: it is a request for permission to appeal. Only if the Court grants leave does the matter convert into a civil or criminal appeal and proceed to be heard on merits.
Type: ProcessFiled under Article 136, which confers a discretionary and extraordinary jurisdiction on the Supreme Court
Available against the order of any court or tribunal in India, not merely High Courts
The only express exception is courts or tribunals constituted under laws relating to the Armed Forces
It is a request for permission to appeal, not an appeal as of right
If leave is granted, the petition converts into a civil or criminal appeal heard on merits
The power is to be used sparingly and only in exceptional circumstances involving grave injustice
Frequency: The Supreme Court's jurisdictions, including Article 136, feature regularly in UPSC Prelims and state PSC polity papers
Article 136(1)
Empowers the Supreme Court, in its discretion, to grant special leave to appeal from any judgment, decree, determination, sentence or order of any court or tribunal in India.
Article 136(2)
Excludes any judgment, determination or order of a court or tribunal constituted by or under any law relating to the Armed Forces.
Articles 132, 133 and 134
Provide for appeals to the Supreme Court on a certificate granted by the High Court, in constitutional, civil and criminal matters respectively.
Article 141
Makes the law declared by the Supreme Court binding on all courts within India, which is what gives an SLP decided on merits its wider effect.
An SLP passes through two distinct stages, and confusing them is a common error.
Step 1: The aggrieved party files a Special Leave Petition under Article 136 against the order of a court or tribunal
Step 2: The Court hears the petition at the admission stage and decides whether the case discloses exceptional circumstances warranting its intervention
Step 3: If it does not, the petition is dismissed, usually without a detailed reasoned judgment
Step 4: If leave is granted, the petition is converted into a civil or criminal appeal
Step 5: The appeal is then heard on merits and decided, and that decision becomes binding under Article 141
Article 136 is what makes the Supreme Court of India a court of universal appellate reach: no order of any court or tribunal in the country, however small, is entirely beyond its correction. That residual power has been a safeguard against grave injustice in cases that would otherwise have no route to the apex court. It has also become the Court's central docket problem. Because leave can be sought against practically anything, SLPs make up a very large share of the Court's filings, and the time spent on admission hearings competes directly with the time available for constitutional adjudication. The tension between Article 136 as a safety valve and Article 136 as a source of docket overload is a standing theme in debates on judicial reform in India.
| Aspect | Special Leave Petition | Regular Appeal | Writ Petition |
|---|---|---|---|
| Constitutional basis | Article 136 | Articles 132, 133, 134 | Article 32 before the Supreme Court |
| Nature of right | Purely discretionary | Available on a certificate from the High Court | A fundamental right under Article 32 |
| What it challenges | Any order of any court or tribunal | Specified judgments of High Courts | Violation of a fundamental right |
| Jurisdiction exercised | Appellate, discretionary | Appellate | Original |
Special Leave Petition is filed under Article 136 of the Constitution
It seeks permission to appeal; it is not an appeal until leave is granted
It lies against any court or tribunal in India
Exception: courts and tribunals under laws relating to the Armed Forces, under Article 136(2)
The power is discretionary and to be used only in exceptional cases
Pritam Singh v. The State (1950) is the foundational judgment restricting its use
Under Article 136 of the Constitution, which empowers the Supreme Court in its discretion to grant special leave to appeal from any judgment or order of any court or tribunal in India.
No. An SLP is a request for permission to appeal. It converts into a civil or criminal appeal only after the Supreme Court grants leave, and is then heard on merits.
Yes. Article 136(2) excludes judgments, determinations and orders of courts or tribunals constituted by or under any law relating to the Armed Forces.
Only in exceptional cases. In Pritam Singh v. The State (1950) the Court held that leave will not be granted unless exceptional and special circumstances exist and substantial and grave injustice has been done.