Welcome to Vedic Legal’s expert insights on the intricacies of legal proceedings. In this detailed blog post, we unravel the complexities surrounding Special Leave Petitions (SLPs) before the Hon’ble Supreme Court of India. From understanding the fundamental aspects to the procedural intricacies, this comprehensive guide aims to equip you with the knowledge needed to navigate the legal landscape effectively.

What is a Special Leave Petition (SLP)?

A Special Leave Petition is a unique legal remedy available to litigants seeking the intervention of the Supreme Court. It empowers parties to appeal against any order or judgment of any court or tribunal in the country. The Supreme Court, in its discretion, decides whether to grant or refuse leave based on the merits and importance of the case.

Grounds for Filing a Petition:

1. Substantial Question of Law:

• An SLP can be filed if the case involves a significant and debatable legal issue that requires the Supreme Court’s attention.

2. Violation of Fundamental Rights:

• Cases involving the violation of fundamental rights enshrined in the Constitution provide strong grounds for filing an SLP.

3. Question of Public Importance:

• Matters of public interest or cases that have broader implications for society can be brought before the Supreme Court through an SLP.

Step-by-Step Procedure for Filing an SLP:

1. Drafting the SLP:

• Engage an experienced advocate to meticulously draft the SLP, ensuring that all legal arguments and relevant facts are presented cogently.

1. Filing in the Supreme Court:

• Submit the SLP along with the necessary documents to the Supreme Court, adhering to the prescribed format and timelines.

1. Service of Notice:

• Serve notice of the SLP to the opposing party, providing them with an opportunity to respond to the petition.

1. Listing and Hearing:

• The Supreme Court, upon accepting the SLP, will list it for hearing. The AOR (Advocate-on-Record) plays a crucial role in presenting the case before the court.

Jurisdictional Prerequisites for Filing an SLP:

Understanding the jurisdictional prerequisites is crucial to ensuring the acceptance of an SLP by the Supreme Court. These prerequisites include:

1. Exhaustion of Remedies:

• Generally, litigants must have exhausted all available legal remedies before approaching the Supreme Court with an SLP.

1. High Court Order:

• The SLP should typically be filed within a reasonable time from the date of the High Court order, emphasizing the importance of timely action.

1. Special Circumstances:

• The Supreme Court may entertain a petition even before exhausting alternative remedies if there are special circumstances warranting immediate attention.

The Role of an AOR (Advocate-on-Record):

An Advocate-on-Record is a legal professional recognized by the Supreme Court, authorized to file and represent clients in legal proceedings. In the context of SLPs, the AOR plays a pivotal role in:

• Drafting the SLP:
• Craft a compelling and legally sound petition that captures the essence of the case.
• Filing and Representing:
• Ensure the timely and proper filing of the SLP, and present the case before the Supreme Court with expertise.
• Communication with the Registry:
• Maintain communication with the Supreme Court Registry to stay updated on the status and listing of the case.

Landmark Cases and Precedents:

Illustrating the efficacy of SLPs, we explore landmark cases where this legal remedy played a transformative role. These cases have not only shaped legal precedents but also contributed significantly to the evolution of Indian jurisprudence.

Mastering the Special Leave Petition process before the Hon’ble Supreme Court demands a strategic and well-informed approach.