Special Leave to Appeal
Special Leave to Appeal (SLA) under Article 136 of the Constitution of India
1. What is Special Leave to Appeal?
Special Leave to Appeal (SLA) is a discretionary power conferred on the Supreme Court of India under Article 136 of the Constitution.
It allows the Supreme Court to grant special permission to appeal against any judgment, decree, or order passed by any court or tribunal in India.
SLA is an extraordinary remedy, not a matter of right.
2. Constitutional Provision: Article 136
Text of Article 136:
"The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India."
The Supreme Court’s power under Article 136 is very wide and exceptional.
3. Purpose and Object
The purpose is to provide a corrective mechanism against gross miscarriage of justice.
It ensures that justice is done, especially when no other appeal lies.
Protects fundamental rights and prevents injustice by intervening in cases of legal or factual errors.
4. Scope and Nature
SLA is not a routine or automatic right.
The Supreme Court exercises judicial discretion in granting leave.
Generally granted when:
There is substantial question of law of general importance.
There is gross miscarriage of justice or violation of principles of natural justice.
The case involves public importance or interest of justice.
Lower courts have ignored legal principles or misapplied the law.
The Court may refuse leave without assigning reasons.
5. Procedure
Application for SLA is made by filing a Special Leave Petition (SLP) to the Supreme Court.
It can be filed against any judgment/order from any court or tribunal.
The Court may dispose of the petition on the basis of pleadings, or after hearing the parties.
6. Distinction from Other Appeals
| Aspect | Special Leave to Appeal | Regular Appeals |
|---|---|---|
| Right | Discretionary (not a matter of right) | Usually a matter of right (subject to law) |
| Court | Supreme Court only | High Courts and Supreme Court |
| Grounds | Gross miscarriage of justice, public importance | Errors in law, facts as per appeal rules |
| Appeal Against | Any court or tribunal’s decision | Limited to decisions as provided by statutes |
| Procedure | Special Leave Petition (SLP) | Regular appeals following procedural laws |
7. Important Case Laws on Special Leave to Appeal
A. K.S. Puttaswamy v. Union of India (2017)
Reiterated that SLA is a constitutional remedy to ensure justice and uphold fundamental rights.
The Supreme Court exercised SLA to strike down certain provisions violating privacy rights.
B. S.P. Gupta v. Union of India (1982) (First Judges Case)
Explained the wide discretion of the Supreme Court under Article 136.
Emphasized that SLA can be granted on broad grounds to prevent miscarriage of justice.
C. Rupa Ashok Hurra v. Ashok Hurra (2002)
The Court held that SLA should be granted sparingly.
The Court will not normally interfere with findings of fact unless there is a manifest error or gross injustice.
D. State of Haryana v. Bhajan Lal (1992)
The Supreme Court clarified that SLA is meant to be a special and exceptional remedy.
The Court can refuse leave if the petition is frivolous, vexatious, or an abuse of process.
8. Limitations and Criticism
SLA can cause overburdening of the Supreme Court.
Sometimes viewed as a second chance to re-argue appeals.
The Court tries to maintain a balance by rejecting routine or frivolous petitions.
Nevertheless, it remains a vital tool for safeguarding justice.
9. Summary Table
| Feature | Details |
|---|---|
| Constitutional Basis | Article 136 of the Constitution of India |
| Nature | Discretionary, extraordinary remedy |
| Purpose | To prevent miscarriage of justice, correct errors, uphold fundamental rights |
| Applicability | Any court or tribunal’s decision |
| Procedure | Filing a Special Leave Petition (SLP) |
| Grounds for Granting SLA | Substantial question of law, gross injustice, public importance |
| Important Cases | K.S. Puttaswamy, S.P. Gupta, Rupa Ashok Hurra, State of Haryana |
10. Conclusion
Special Leave to Appeal is a unique constitutional power that allows the Supreme Court to intervene in cases where justice demands it. It acts as a safety valve to correct serious errors, uphold rights, and maintain the rule of law. However, it is exercised with great caution and discretion, keeping in mind the court’s limited resources and the need to avoid frivolous interference.
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