Context:
Supreme Court dismissed a special leave petition filed against the decision of the Goa speaker in the disqualification case of eight MLAs .
Special Leave Petition (SLP):
- A discretionary appeal mechanism under Article 136 of the Indian Constitution, allowing the Supreme Court (SC) to hear appeals against judgments, decrees, or orders of any court or tribunal
- Not applicable to Armed Forces Tribunals.
- Originates from the Government of India Act, 1935, which recognized the prerogative to grant special leave for appeals.
- Key Features –
- Extraordinary Jurisdiction: The SC can address cases where no direct right of appeal exists.
- Discretionary Power: The SC may grant or deny special leave without providing reasons.
- Applicability: SLP is applicable to both civil and criminal matters.
- Transition to Formal Appeal: Once granted, an SLP transitions into a formal appeal, allowing detailed examination of the case and enabling both parties to present their arguments.
- Substantial Questions of Law: Typically invoked in cases involving substantial questions of law or a miscarriage of justice.
- Eligibility – Any aggrieved party can file an SLP against a judgment or order of a High Court or tribunal, especially where:
- A certificate of fitness for appeal to the SC has been denied.
- Substantial questions of law or injustice are involved.
- Time Limit to File an SLP
- General: An SLP can be filed within 90 days from the date of a High Court’s judgment.
- Refusal of Certificate: If the High Court refuses to grant a certificate of fitness for appeal to the SC, the SLP must be filed within 60 days from the date of such refusal.
Source: TOI
Previous Year Question
The power of Supreme Court of India to decide dispute between the centre and states fall under its:
[UPSC Civil Service Exam – 2014 Prelims]
(a) Advisory jurisdiction
(b) Appellate jurisdiction
(c) Original jurisdiction
(d) Writ jurisdiction
Answer: (c)