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What is Special Leave Petition?

edited September 2013 in Polity & Governance
What is special leave to appeal?

[Moderator Note: The title of the thread has been changed.]
I don't like to reply to idiots and if you think I am referring to you, you are probably correct.

Comments

  • And special leave petition? Will appreciate if people can avoid using the legally heavy language used on various legal websites which only lawyers can understand!
    I don't like to reply to idiots and if you think I am referring to you, you are probably correct.
  • And special leave petition? Will appreciate if people can avoid using the legally heavy language used on various legal websites which only lawyers can understand!
    What is special leave to appeal?
    Are these in context of Law as optional subject?

    Sharpen your axe, before cutting down the tree...
  • no, in understanding some articles in news
    I don't like to reply to idiots and if you think I am referring to you, you are probably correct.
  • edited September 2013
    @woman I will try to be non technical here:

    Special Leave Petition: What does 'Leave' mean? Permission. Then what does Special Leave mean? Special Permission! Ok, then what does Special Leave Petition mean?

    Normally, the decisions/verdicts of HC & certain other courts are final. But certain issues or disputes can be reserved by SC for hearing (Wo khete h na "Hum SC tak jayenge!"). The SC grants a special leave to appeal - That is if you are not satisfied with the HC decision you can request the matter to be dealt by SC, the affected party files a special leave petition - The SC may or may not accept it. SLP is for non constitutional & FR issues.

    The important link here is: All decisions (Issues not involving constitution and FR) of HC cannot be challenged in SC - Only when SC provides a 'Special Permission' one can do so.

    Please note: Have left minute details for the sake of simplicity.

    - You may want to read more about Appellate Jurisdiction of SC of India - http://en.wikipedia.org/wiki/Supreme_Court_of_India#Appellate_jurisdiction
  • Very good explanation bro..
  • edited September 2013
    Special leave petition is not restricted to HC judgements. In fact there is no requirement of SLP for appealing to SC after getting a judgement from HC. That comes under normal apellate . However HC needs to certify that the case can be heard by SC .

    SLP gives power to SC to take up any case from any courts in India that it deems fit to be heard by it. It need not wait for certificate by HC

    So not every case that needs to be heard in SC needs to be filed as a SLP

    this is art 136 of Indian constitution

    Special leave to appeal by the Supreme Court
    (1) Notwithstanding anything in this Chapter, 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
    Mission 2018 - Final assault
  • @woman, can you please provide the link of the article here if it's available in soft copy?
    Sharpen your axe, before cutting down the tree...
  • edited September 2013
    http://www.thehindu.com/opinion/lead/restoring-the-supreme-courts-exclusivity/article5076293.ece

    @Partho thx, this was very helpful :)
    @bhaz thx but why would SC overload itself by granting SLPs when under no obligation?
    I don't like to reply to idiots and if you think I am referring to you, you are probably correct.
  • thx but why would SC overload itself by granting SLPs when under no obligation?
    The job of SC is not to be concerned about its workload. If there is any case which require a fresh interpretation of law or questions the legality of a law or an executive action on constitutional grounds, which hasn't been discussed by the SC before, then it is duty-bound to give a judgement on it.
  • thx but why would SC overload itself by granting SLPs when under no obligation?
    The job of SC is not to be concerned about its workload. If there is any case which require a fresh interpretation of law or questions the legality of a law or an executive action on constitutional grounds, which hasn't been discussed by the SC before, then it is duty-bound to give a judgement on it.
    Yes but that has taken away basic motive behind keeping Art 136 so that only very important cases with substantial law and order issue could be taken by SC and rest be deposed by HC...But in over enthusiasm SC has made mess of these provisions.

    The two most important days in your life are the day you are born and the day you find out why –Mark Twain
  • edited September 2013


    Yes but that has taken away basic motive behind keeping Art 136 so that only very important cases with substantial law and order issue could be taken by SC and rest be deposed by HC...But in over enthusiasm SC has made mess of these provisions.

    The appellate jurisdiction of the SC as provided for in Articles 132-134 was intended to allow for appeals from lower courts which involved "substantial questions of law" (and nothing whatsoever to do with "order"!).
    On the other hand, A. 136 which sought to expand the SC's jurisdiction was, in fact, intended to provide for such additional jurisdictional power to ensure that justice is meted out, in all instances including those that may not be questions involving constitutional interpretation etc i.e. 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.
    While, admittedly, this has led to an over-clogging of cases under SLPs, this has little to do with the apex court's "over-enthusiasm" and much more to do with the shortcomings of the lower judiciary.
    "If you don't stand for something, you will fall for anything."


  • Yes but that has taken away basic motive behind keeping Art 136 so that only very important cases with substantial law and order issue could be taken by SC and rest be deposed by HC...But in over enthusiasm SC has made mess of these provisions.

    The appellate jurisdiction of the SC as provided for in Articles 132-134 was intended to allow for appeals from lower courts which involved "substantial questions of law" (and nothing whatsoever to do with "order"!).
    On the other hand, A. 136 which sought to expand the SC's jurisdiction was, in fact, intended to provide for such additional jurisdictional power to ensure that justice is meted out, in all instances including those that may not be questions involving constitutional interpretation etc i.e. 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.
    While, admittedly, this has led to an over-clogging of cases under SLPs, this has little to do with the apex court's "over-enthusiasm" and much more to do with the shortcomings of the lower judiciary.
    your comments are self-contradictory ie. SC accepting all PILs so that "Justice is melted out" and in doing so they have overburdened themselves to such an extent that none of the serious issues are getting delayed.


    If there are short-comings in lower judiciary same can be said for SC also
    And if lower judiciary and High Courts are so inefficient that maximum cases have to be heard by SC so as to "melt out justice" and same cannot be done by HC , then why have High Courts at all !!

    Solution to shortcomings is strengthening Lower courts not taking up their share of responsibilities

    also Law cannot be seen in isolation with "order" , so Art 132-134 has everything to do with order also!!
    The two most important days in your life are the day you are born and the day you find out why –Mark Twain
  • So does one needs to file an SLP or it give suo moto power to the SC to pick up the cases it finds extraordinary ?
  • edited September 2013

    your comments are self-contradictory ie. SC accepting all PILs so that "Justice is melted out" and in doing so they have overburdened themselves to such an extent that none of the serious issues are getting delayed.
    If there are short-comings in lower judiciary same can be said for SC also
    And if lower judiciary and High Courts are so inefficient that maximum cases have to be heard by SC so as to "melt out justice" and same cannot be done by HC , then why have High Courts at all !!

    Firstly, I made my point in specific response to your point, i.e. “basic motive behind keeping Art 136 so that only very important cases with substantial law and order issue could be taken by SC”. I repeat, the basic motive of A. 136 is NOT to serve as an appellate jurisdiction for questions involving substantial questions of law- that is comprehensively covered in Articles 132-134. I’m not placing a personal viewpoint here, merely restating a constitutional provision.

    Secondly, I did not contradict myself. When I say that a large number of SLPs are now pending because of the SC taking them up, it is because there are those many cases which require the SC intervention for justice to be done. Of course, the SC is quite inefficient (and there are several statistics which have conclusively established this), but my point is that suggesting that the SC should refrain from exercising its jurisdiction under A.136 to make the judiciary more efficient is akin to throwing the baby with the bath water.

    Also, I think you might be confusing SLPs with PILs. SLPs are filed under A.136 while PILs are filed under the extraordinary jurisdiction of the SC, nothing to do with A. 136.

    Solution to shortcomings is strengthening Lower courts not taking up their share of responsibilities
    Yes, you’re right, the solution is strengthening both lower and higher judiciary, but I’m sure even you don’t think that while we are still doing that, the SC should trade justice for efficiency.

    also Law cannot be seen in isolation with "order" , so Art 132-134 has everything to do with order also!!
    In response to this, I was not talking about law and order in the abstract. The phrase “substantial question of law” was framed by the framers of our constitution in A. 132, and is the very crux of it. You used the phrase “substantial question of law and order” in the context of appellate jurisdiction, this is wrong . I was only pointing that out so that you don’t use the wrong phrase when writing an answer on these issues in the GS paper.

    Hope I have made myself clear. This is not a debate with multiple viewpoints. I am only stating the law as is, having studied it for five years and practised for another two. Thanks.
    "If you don't stand for something, you will fall for anything."
  • So does one needs to file an SLP or it give suo moto power to the SC to pick up the cases it finds extraordinary ?
    A. 136 does not grant suo motu jurisdiction.

    The procedure is that an SLP has to be filed stating the facts and the reasons as to why the SC should take it up, upon which the SC will consider and grant (or not grant) the special leave to appeal. The SC can also refuse to entertain the appeal if it feels it is not necessary.
    "If you don't stand for something, you will fall for anything."


  • Of course, the SC is quite inefficient (and there are several statistics which have conclusively established this), but my point is that suggesting that the SC should refrain from exercising its jurisdiction under A.136 to make the judiciary more efficient is akin to throwing the baby with the bath water.

    Also, I think you might be confusing SLPs with PILs. SLPs are filed under A.136 while PILs are filed under the extraordinary jurisdiction of the SC, nothing to do with A. 136.

    thanx for your concern but i was referring to SLP only.
    Also i wonder how did you reach to conclusion that i was suggesting that SC should refrain from exercising its jurisdiction under Art 136 .... i was just concerned that admitting so many SLPs SC is diluting the whole purpose of it . If almost every petition has to be admitted why name it Special To avoid throwing baby with bath water ... you are leaving baby in bathroom itself !!

    Question is not of trading justice with efficiency but of how far SC can go into this. Large number of SLPs shows absence of faith on HCs and other tribunals besides not being itself able to do any better.

    You used the phrase “substantial question of law and order” in the context of appellate jurisdiction, this is wrong . I was only pointing that out so that you don’t use the wrong phrase when writing an answer on these issues in the GS paper.

    thanx for your advice .. will take care in exam. However, here i was not quoting from the Article from constitution

    Hope I have made myself clear. This is not a debate with multiple viewpoints. I am only stating the law as is, having studied it for five years and practised for another two. Thanks.

    good to have a legal luminary with us ... but with my limited knowledge i still disagree with you point of view.
    Anyways hoping to have some constructive debates and learning more things from you :)

    The two most important days in your life are the day you are born and the day you find out why –Mark Twain
  • @Aurelio

    Oh no please, I am not a legal luminary by any stretch of the imagination!

    I only hoped to clarify the position of law. As long as that is done, let us agree to disagree for now, and I will come back armed with cases and commentaries in a couple of months (after I finish my consti law portions, basically)! :)
    "If you don't stand for something, you will fall for anything."
  • What is a writ petition?
    I don't like to reply to idiots and if you think I am referring to you, you are probably correct.
  • What is a writ petition?
    According to legal dictionaries , writ means a written order issued by court requiring specific action by the person or entity to whom the writ is directed.A writ petition means a formal written request by a person to a court seeking a specific order of the court.It is not defined in the Indian Constitution but the articles 32 and 226 enables the SC and HCs to issues writs respectively.Article 139 also mentions about the writs.It says parliament 'may' empower SC to issue writs for any other purpose apart from enforcement of FRs guaranteed by the constitution(which are mentioned in part 3).

  • Thanks @Proton
    I don't like to reply to idiots and if you think I am referring to you, you are probably correct.
  • @Stardust @Partho : I've one doubt. What if SLP is dismissed by SC on certain ground??
    Is the decision of HC then bound on the plaintiff?? (I tried Google but it was more confusing. Help would be appreciated Sirs)
    CSE 2014| 1st Attempt | AIR 470s| IRS C&CE
    ESE 2014| 1st Attempt | AIR 90s |
  • edited September 2013
    @Stardust @Partho : I've one doubt. What if SLP is dismissed by SC on certain ground??
    Is the decision of HC then bound on the plaintiff?? (I tried Google but it was more confusing. Help would be appreciated Sirs)
    Going to the Supreme Court in appeal should not be considered a matter of right by any one but it is matter of privilege which only the Supreme Court will grant to any individual if there exist an important constitutional or legal issue involved. You cannot go to the SC with a minor land dispute or fraud case.

    If no SLP is granted, decision of HC is final and binding.
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