SPECIAL LEAVE PETITION FOR UPSC EXAM
What is a special leave petition under Article 136 of the Indian constitution?
Article 136 is a power to appeal in the SC, which can be filed by any person against any judgment or order of any Court or tribunal in the territory of India except military tribunals.
This is the power to grant special leave. The power of the court is discretionary in nature. This discretionary power may be exercised by the court, where the very essence of granting justice is violated, and the court below has done wrong to the law and the parties.
Why is such power vested with Supreme court?
The very purpose of enacting such a provision in the Indian Constitution is so that the Apex court has the power to interfere if any law has been wrongly interpreted by the court or any injustice has been done.
What are the prerequisites of filing an Special leave petition?
1. This Leave petition can be filed against any judgment, decree, order, a determination which has been passed by any Court or tribunal in any cause or matter.
2. The SLP cannot be filed is a judgment by a military tribunal and court-martial.
3. An SLP against the Judgment of the High Court should be filed within 90 days from the date of passing of such judgment.
4. An SLP against any order of High Court refusing to grant a certificate of fitness for appeal can be filed within 60 days.
5. An SLP will be entertained by the Apex court where a substantial question involving the constitution of India is involved, or there is a gross miscarriage of justice.
6. An SLP is the discretionary power of SC. Aggrieved party cant claim it as matter of right.
7. The petition must be signed by an Advocate-on-record.
Summary of Special Leave Petition
1. Article 136 is not a right of the party but the discretion of the court
2. To ensure that justice is never denied
3. SLP cannot be filed is a judgment by a military tribunal and court-martial
4. Special Leave petition can be filed against any judgment, decree, order, a determination which has been passed by any Court or tribunal in any cause or matter.
