Special Leave Petition (SLP)
A Special Leave Petition is a request under Article 136 of the Constitution asking the Supreme Court of India to exercise its discretion to hear an appeal from any judgment or order of any court or tribunal in India.
In plain English
Article 136 confers a discretionary power, not a right of appeal. The Court decides first whether to grant leave; only if leave is granted does the matter become a civil or criminal appeal and proceed to a hearing on merits. Dismissal at the leave stage — often by a brief non-speaking order — does not necessarily affirm the reasoning of the judgment below.
Why it matters
Whether an SLP was dismissed in limine or after a reasoned order materially affects what precedential value the underlying High Court judgment carries. Treating a summary SLP dismissal as Supreme Court approval of the lower judgment is a common analytical error.
Example
A High Court rules against a taxpayer. The taxpayer files an SLP. The Supreme Court dismisses it with the single word "Dismissed." The High Court judgment stands between those parties, but the dismissal is generally not treated as the Supreme Court having affirmed its reasoning as binding law.
Under Indian law
Article 136 covers any court or tribunal in India except courts constituted under laws relating to the Armed Forces. It is the widest appellate jurisdiction conferred on any apex court and is exercised sparingly.
How LexVio handles it
LexVio indexes Supreme Court and High Court decisions with citation graphs, so the appellate history of a judgment can be traced.
LexVio — Indian Court ResearchCommon questions
Is an SLP an appeal as of right?
No. Article 136 gives the Supreme Court a discretionary power to grant special leave. The petition becomes an appeal only if leave is granted.
Does dismissal of an SLP affirm the High Court judgment?
A dismissal in limine without reasons generally does not amount to the Supreme Court affirming the lower court’s reasoning as binding precedent. A dismissal by a reasoned, speaking order can carry greater weight.
