A Special Leave Petition, commonly known as an SLP, is a constitutional remedy through which a person may request the Supreme Court of India to grant special leave to appeal against an eligible judgment, decree, determination, sentence or order passed by a court or tribunal. An SLP is not an automatic additional appeal. The jurisdiction under Article 136 of the Constitution is discretionary, which means the Supreme Court decides whether a case warrants the grant of special leave.

What Is a Special Leave Petition?

A Special Leave Petition is filed before the Supreme Court seeking permission to appeal against an eligible decision.

Article 136 of the Constitution of India

Article 136 gives the Supreme Court discretionary power to grant special leave to appeal from an eligible judgment, decree, determination, sentence or order passed or made by a court or tribunal within India.

Scope of Article 136

Depending on the nature of the underlying proceeding, Article 136 jurisdiction may arise in civil, criminal, commercial, service, matrimonial, constitutional and tribunal-related disputes.

Courts and Tribunals

Article 136 refers to eligible judgments and orders of courts and tribunals within the territory of India.

Constitutional Exception

Article 136(2) contains an exception concerning courts or tribunals constituted by or under laws relating to the Armed Forces.

Is an SLP the Same as an Appeal?

No. A Special Leave Petition and an appeal are not identical.

Stage 1 – Petition for Special Leave

The petitioner first requests the Supreme Court to grant leave under Article 136. At this stage, the matter remains a Special Leave Petition.

Stage 2 – If Leave Is Granted

If the Supreme Court grants leave, the matter proceeds further as an appeal according to the applicable procedure.

When May a Special Leave Petition Be Considered?

The Supreme Court exercises Article 136 jurisdiction on the facts and legal issues of each individual case.

• Whether an important question of law arises
• Whether the impugned decision contains a serious legal error
• Whether relevant legal principles were incorrectly applied
• Whether procedural unfairness affected the proceeding
• Whether another statutory remedy remains available
• Whether the petition is within the applicable limitation period

SLP Against a High Court Judgment or Order

Many Special Leave Petitions arise from judgments or orders passed by High Courts. However, the existence of an adverse High Court order does not automatically mean that an SLP should be filed.

Civil Special Leave Petition

An SLP Civil may arise from a range of civil and related proceedings.

Matters That May Give Rise to a Civil SLP

• Property disputes
• Commercial disputes
• Arbitration-related proceedings
• Service matters
• Company or tribunal proceedings
• Matrimonial disputes
• Consumer matters
• Constitutional litigation

Documents Commonly Reviewed for a Civil SLP

• Impugned judgment or order
• Pleadings filed before the lower court or tribunal
• Relevant applications
• Affidavits
• Earlier orders
• Relevant statutory provisions

Important Record Requirement

The SLP should be prepared with careful reference to the record of proceedings before the court or tribunal whose decision is being challenged.

Criminal Special Leave Petition

A Special Leave Petition may also arise from criminal proceedings.

Surrender and Criminal SLP Proceedings

Criminal SLP matters may involve additional procedural requirements depending on the sentence, custody status and circumstances of the case.

Documents Commonly Reviewed in a Criminal SLP

• Impugned High Court judgment
• Trial court judgment or order
• Relevant FIR or complaint where necessary
• Bail or custody orders
• Appellate or revisional orders

Supreme Court Rules Governing Special Leave Petitions

Special Leave Petitions are subject to the Supreme Court Rules and current filing procedure.

Important Requirements Under the Supreme Court Rules

An SLP should clearly identify the legal and factual basis on which Supreme Court intervention is sought.

Material From the Court Below

Documents relied upon should be checked against the record of proceedings before the lower court or tribunal.

Additional Documents

Where a party seeks to rely on additional documents, the applicable Supreme Court procedure should be followed.

Filing Note

Before filing, every proposed annexure should be checked against the lower court record and the current Supreme Court filing requirements.

What Documents Are Commonly Needed for an SLP?

• Impugned judgment or order
• Orders passed at earlier stages
• Relevant pleadings
• Annexures forming part of the record below
• Case chronology
• Supporting affidavits and applications

How Is a Special Leave Petition Prepared?

Step 1 – Review the Impugned Judgment

The complete judgment or order should first be carefully reviewed.

Step 2 – Review the Lower Court Record

Relevant pleadings, evidence, applications and previous orders are examined.

Step 3 – Identify Questions of Law

The questions should arise from the actual dispute and the impugned judgment.

Step 4 – Prepare Grounds

The grounds explain why intervention by the Supreme Court is being requested.

Step 5 – Prepare Chronology

A clear list of dates helps explain the history and progression of the case.

Step 6 – Prepare Required Applications

• Interim relief
• Condonation of delay
• Exemption applications where applicable
• Applications concerning additional documents

Step 7 – Filing and Registry Scrutiny

The Supreme Court Registry examines the filing for compliance with applicable procedural requirements.

What Happens After an SLP Is Filed?

Registry Scrutiny

The petition is examined for procedural compliance.

Listing Before the Court

The matter may then be listed before the Supreme Court.

Initial Hearing

The Court considers whether the matter warrants further consideration.

Notice to the Respondent

Where notice is issued, the respondent may participate in the proceedings.

Grant of Leave

If leave is granted, the matter proceeds further as an appeal.

Can Interim Relief Be Requested in an SLP?

Depending on the circumstances, interim relief may be requested through the appropriate application.

Does Filing an SLP Automatically Stay the High Court Order?

No. Filing an SLP does not itself automatically stay the judgment or order being challenged.

Limitation for Filing a Special Leave Petition

Limitation should be checked immediately after receiving the judgment or order proposed to be challenged.

Condonation of Delay

Where the applicable limitation period has expired, an application explaining the delay may be required. Condonation is not automatic.

What Is the Difference Between an SLP and Review Petition?

Special Leave Petition

An SLP invokes the Supreme Court’s discretionary jurisdiction under Article 136.

Review Petition

A Review Petition concerns review of the Supreme Court’s own judgment or order under the applicable constitutional and procedural framework.

SLP vs Transfer Petition

Special Leave Petition

An SLP seeks permission to challenge an eligible judgment or order.

Transfer Petition

A Transfer Petition seeks transfer of an existing proceeding from one competent court or jurisdiction to another.

SLP and Caveat Petition

A Caveat and a Special Leave Petition serve different legal purposes. A Caveat does not itself challenge the underlying judgment.

SLP and Matrimonial Matters

Supreme Court proceedings can arise from matrimonial disputes in several different procedural contexts.

Related Family Law Resources

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Learn about custody, guardianship and visitation issues.

How Can a Special Leave Petition Lawyer Assist?

• Reviewing the impugned judgment or order
• Examining the lower court record
• Identifying possible questions of law
• Assessing maintainability
• Checking limitation
• Preparing factual chronology
• Drafting grounds
• Identifying appropriate annexures
• Preparing applications for interim relief where necessary
• Addressing procedural filing requirements

Special Leave Petition Assistance for Clients Across India

Taps9 Law may receive Special Leave Petition enquiries from parties whose underlying matters arise in Delhi, Greater Noida, Kolkata, Pune, Bengaluru and other parts of India.

Related Supreme Court Legal Services

Transfer Petition Lawyer in Supreme Court of India

Learn about transfer of eligible proceedings between States or different jurisdictions.

Caveat Petition in Supreme Court of India

Understand the purpose and procedure of filing a Caveat before the Supreme Court.

Review Petition in Supreme Court of India

Learn about review of Supreme Court judgments and orders.

Curative Petition in Supreme Court of India

Learn about the distinct and limited remedy of a Curative Petition.

Frequently Asked Questions About Special Leave Petitions

What does SLP mean?

SLP means Special Leave Petition. It is a petition seeking special leave to appeal under Article 136 of the Constitution.

Is an SLP an appeal?

Not initially. The petitioner first asks the Supreme Court to grant leave.

Can an SLP be filed against a High Court order?

An eligible High Court judgment or order may be considered for challenge, subject to maintainability, limitation and the Supreme Court’s discretion.

Does filing an SLP automatically stay the order?

No. Separate interim relief may need to be requested and granted.

What happens when leave is granted?

The matter proceeds further as an appeal according to the applicable procedure.

Can an SLP be filed after the limitation period?

An application seeking condonation of delay may be required. Condonation is not automatic.

Speak With Taps9 Law About a Special Leave Petition

If you are considering a Special Leave Petition, keep the complete judgment or order and relevant lower court records available for preliminary legal review. Law Office of Tapan Choudhury Phone: +91 98736 28941

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Reviewed by: Advocate Tapan Choudhury

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• Last Legal Review: September 2026

Official Legal References

Constitution of India – Article 136

Special leave to appeal by the Supreme Court.

Supreme Court Rules, 2013

Rules governing procedure and filing before the Supreme Court.

Supreme Court of India – Forms

Official forms and filing-related resources.

Article 137 of the Constitution

Relevant to the separate remedy of review before the Supreme Court.