Special Leave Petition has not been defined nor such expression has been used under Article 136 of the Constitution of India. Such expression has been used under Supreme Court Rules, 2013 framed by the Supreme Court of India under Article 145 of the Constitution.
SLP is nothing but an abbreviated form of Special Leave Petition. Special Leave Petition is a nomenclature given by the Registry of the Supreme Court for listing Special Leave to Appeal to the Supreme Court. Special Leave to Appeal in Civil Matters and Criminal Matters are categorized as Special Leave Petition (Civil) and Special Leave Petition (Criminal) respectively.
A Special Leave Petition is filed only when the substantial question of law is involved in the matter. Hon’ble Supreme Court grants the leave to apply only when there are shocking features in the matter and such shocking features shock the conscience of the Hon’ble Judges of the Hon’ble Supreme Court.
A Special Leave Petition seeking Special Leave to Appeal to the Supreme Court under Article 136 of the Constitution of India has been imported from Section 208 of the Government of India Act 1935. However the scope of Article 136 of the Constitution is much wider than the Section 208 of the Government of India Act, 1935.
A Special Leave Petition under Article 136 of the Constitution of India may be filed against judgment, decree, determination, sentence or order of any Court or Tribunal in the territory of India.
A Special Leave Petition ( SLP ) seeking Special Leave to Appeal to the Supreme Court of India can be filed in any cause or matter. It does not restrict any particular type of cases or any particular nature of cases. The only restriction under Article 136 of the Constitution of India is to file a Special Leave Petition against any judgment , determination, sentence or order passed by any Court or Tribunal constituted or under any law relating to Armed Forces.
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