How to File a Special Leave Petition (SLP) — Complete Guide for Advocates

Article 136 of the Constitution grants the Supreme Court discretionary power to grant special leave to appeal against any judgment, decree, determination, sentence, or order of any court or tribunal.

When Can You File an SLP?

An SLP can be filed against:

• Final judgments of High Courts
• Orders of tribunals (NCLT, ITAT, CESTAT, etc.)
• Interlocutory orders in exceptional circumstances
• Decisions where no other statutory appeal is available

You cannot file an SLP against:

• An order of the Supreme Court itself
• A judgment where an alternative statutory remedy has not been exhausted
• A purely administrative decision (unless it involves a question of law)

Limitation Period

• 60 days from the date of the impugned judgment/order (civil)
• 30 days for criminal matters (in some cases)
• Condonation of delay is possible under Section 5 of the Limitation Act

Drafting the SLP

Key Sections

1. Memo of Appearance: Vakalatnama and advocate details
2. Petition: The main body
3. Grounds of Appeal: Specific legal errors
4. Impugned Order: Copy of the order being challenged
5. Annexures: Supporting documents

Drafting Tips

• Be concise: The Supreme Court receives thousands of SLPs
• Focus on the legal error: Why is the impugned order wrong in law?
• Distinguish precedent: Explain why relied-upon judgments were misapplied
• Avoid re-arguing facts: The Supreme Court generally does not re-appreciate evidence
• State the prejudice: What injustice will the petitioner suffer?

Filing Procedure

1. Register on the Supreme Court e-Filing portal
2. Upload the petition, annexures, and vakalatnama
3. Pay the court fee online (₹5,000 civil / ₹2,500 criminal)
4. Receive acknowledgement with diary number
5. File the physical copy within the prescribed time

After Filing

• Listing: Initially before the Registrar for defects, then before the Bench
• Defects: Must be cured within prescribed time
• Hearing: Be prepared to argue why special leave should be granted
• Notice: If leave is granted, notice is issued to respondents
• Dismissal: If leave is not granted, the SLP is dismissed

Common Mistakes

1. Filing beyond limitation without condonation application
2. Not exhausting alternative remedies
3. Re-arguing facts instead of focusing on legal errors
4. Vague grounds of appeal
5. Missing annexures
6. Not serving respondents properly

Filing an SLP is a significant undertaking. Preparation, precision, and procedural compliance are essential.