Key points
- Article 136 gives the Supreme Court discretion to grant special leave to appeal against any judgment, decree or order of any court or tribunal in India.
- The limitation is 90 days from the High Court judgment, or 60 days if a certificate of fitness was refused.
- Leave is granted sparingly: a substantial question of law, a manifest injustice or conflicting High Court views usually needs to be shown.
What Article 136 does
Article 136 is not an ordinary appeal. It confers a residual, discretionary power on the Supreme Court to hear an appeal from any order, including interlocutory orders and orders of tribunals, where the Court thinks it fit. The petitioner must first persuade the Court to grant leave; only then does the matter become an appeal.
What persuades the Court
Leave is typically granted where the High Court has decided a substantial question of law wrongly, where the decision conflicts with a Supreme Court precedent or with another High Court, where a grave miscarriage of justice appears on the record, or where the question affects a large number of people. Pure findings of fact are rarely disturbed.
Limitation and condonation
The petition must be filed within 90 days of the impugned judgment. Delay can be condoned on an application showing sufficient cause, but the Court has become strict, particularly with government litigants.
Documents
The petition, a synopsis and list of dates, the certified copy of the impugned judgment, the pleadings and orders of the courts below, the grounds, and affidavits. The petition must state whether any other petition against the same judgment has been filed and whether the petitioner has moved the High Court for a certificate.
After the first hearing
The Court may dismiss the petition in limine (which does not lay down law), issue notice to the respondent, grant leave and convert the matter into a civil or criminal appeal, or dispose of it on the first date with a short order. Interim stay of the High Court order can be sought with notice.
Frequently asked questions
Does dismissal of an SLP mean the Supreme Court has approved the High Court judgment?
No. A dismissal in limine without reasons is not a declaration of law and does not merge the High Court judgment into a Supreme Court order, although it does end the litigation.
Can an SLP be filed against an interim order?
Yes, but the Court is reluctant to interfere with interlocutory orders unless they cause irreparable harm or are wholly without jurisdiction.
Related practice area: Supreme Court & High Court Litigation
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.