Article 136 of the Constitution of India confers extraordinary discretionary appellate power upon the Supreme Court of India to grant special leave to appeal against any court or tribunal order.
Key Legal Takeaway
An SLP is not an ordinary right of appeal; it requires formulating substantial questions of law of general public importance or demonstrating a grave miscarriage of justice.
1. Extraordinary Nature of Article 136 Jurisdiction
The Supreme Court exercises plenary jurisdiction, but strictly filters petitions to preserve its role as the constitutional apex court.
2. Grounds That Persuade the Court to Grant Leave
Perverse findings of fact unsupported by evidence, conflicting interpretations of statutes across High Courts, or patent violation of constitutional principles.
3. Limitation and Paperbook Preparation
An SLP must be filed within 90 days from the date of final judgment of the High Court, prepared with a comprehensive synopsis and list of dates.
4. Notice, Stay, and Final Hearing
Upon preliminary admission, the Supreme Court may grant interim stay of the High Court judgment and issue notice to respondents before granting formal leave to appeal.
Frequently Asked Questions
Legal Guidance Note | RCS & Associates (Advocates & Lawyers in Roorkee & Haridwar)
Founder: Ramesh Chand Saini (Ex-Senior Prosecuting Officer, UP | M.A., MBA, LL.M.) | Member: Amardeep Saini (Notary & Advocate)
This legal guide is published for informational reference. If you require matter-specific legal counsel before the High Court of Uttarakhand at Nainital, Supreme Court of India, or District & Sessions Court Haridwar (Roshnabad) / Roorkee Courts for writ petitions, stay orders, anticipatory bail (Section 482 BNSS / Section 438 Cr.P.C.), regular bail, or property disputes, please reach out to schedule an appointment with our advocates and lawyers.