In short. A special leave petition under Article 136 is a request to the Supreme Court to hear an appeal against any judgment or order of a court or tribunal in India. It must be filed within 90 days of the judgment through an Advocate-on-Record. The Court grants leave only where there is a substantial question of law or a grave injustice, so the petition must show that clearly.
Most people come to an SLP the same way. A High Court judgment has gone against them, the order has been uploaded, and someone has said, "We will go to the Supreme Court." That sentence hides a lot. The Supreme Court does not rehear a case just because a party lost. It first decides whether the case deserves its attention at all, and it does that in a few minutes at the admission stage, reading a short synopsis and the impugned judgment. Our Supreme Court practice spends most of its effort on that first impression, because that is where most SLPs are won or lost.
This post covers how an SLP works from the High Court judgment to the final appeal. If your SLP has already been dismissed, read review and curative petitions in the Supreme Court instead. If your problem is a government action that has never been before any court, the starting point is usually a writ petition in the Delhi High Court, not an SLP.
- The law
- Article 136 of the Constitution; Supreme Court Rules 2013
- Forum
- Supreme Court of India, New Delhi
- Time limit
- 90 days from the judgment; delay can be condoned for sufficient cause
- Who files
- Only an Advocate-on-Record, or a party in person with the Court's leave
- Against what
- Any judgment or order of a court or tribunal in India, except armed forces tribunals
- Usual first order
- Dismissal, or notice to the other side, often with interim relief
What is a special leave petition, and is it an appeal?
A special leave petition is not an appeal. It is a request for permission to appeal. Article 136 gives the Supreme Court a discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence or order passed by any court or tribunal in India. Until leave is granted, there is no appeal pending, only a petition asking for one.
The difference matters in practice. In a first appeal before a district judge or the High Court, the appellate court must hear you on facts and law. In an SLP, the Supreme Court may dismiss the petition in a one-line order without giving reasons, and that is the end of it in most cases. The Court has said repeatedly that Article 136 is meant for cases where a substantial question of law arises or where the decision below has caused a grave or manifest injustice. A judgment that is merely arguable, or one where the High Court took a view on evidence that you disagree with, rarely clears that bar.
Once the Court grants leave, the SLP is converted into a civil appeal or a criminal appeal and gets a new number. From then on it is a full appeal, heard on merits, and the Supreme Court's judgment replaces the High Court's.
The provisions that govern an SLP
Article 136, Constitution of India
The source of the power. The Supreme Court may in its discretion grant special leave to appeal from any order of any court or tribunal in India. Clause (2) excludes courts and tribunals constituted under laws relating to the armed forces.
Supreme Court Rules 2013
Lay down how SLPs are drafted, filed, scrutinised and listed: Order XXI for civil SLPs and Order XXII for criminal SLPs. They prescribe the 90-day limit, the contents of the petition, the certificate about annexures, and the rule that a person sentenced to imprisonment must surrender or seek exemption before the petition is listed.
Advocate-on-Record rule
Under the Supreme Court Rules 2013 only an Advocate-on-Record can file a petition and act for a party. Any advocate can argue, but the AOR signs the petition, files it and is responsible to the Court for it. A party can appear in person only after the Court's in-person screening process.
Section 5 and section 12, Limitation Act 1963
Section 5 allows the Court to condone delay for sufficient cause, on an application explaining it. Section 12 excludes the time taken to obtain a certified copy of the judgment when computing limitation.
Articles 133, 134 and 134A
Appeals on a certificate of fitness granted by the High Court. These are rare. If the High Court refuses a certificate, an SLP can be filed within 60 days of the refusal.
Which orders can you challenge by SLP?
Almost any. Final judgments of the High Court in civil, criminal, writ, tax and service matters are the usual subject. Interim orders can also be challenged: a High Court order refusing bail, granting a stay, refusing an injunction or appointing a receiver. The Supreme Court is slower to interfere with interim orders, because the main case is still pending below, and it often declines with a request to the High Court to decide the matter quickly.
Orders of tribunals can be challenged directly under Article 136 in principle, but in practice the route depends on the statute. Many statutes give a direct appeal to the Supreme Court, which is not an SLP at all: an NCLAT order goes up under section 62 of the Insolvency and Bankruptcy Code within 45 days, an NCDRC order under section 67 of the Consumer Protection Act 2019 within 30 days, and an NGT order under section 22 of the NGT Act within 90 days. Using an SLP where a statutory appeal exists invites an objection from the registry or the other side.
Some orders have to go to the High Court first. A CAT order is challenged before a Division Bench of the High Court in a writ petition, and only then in the Supreme Court. A trial court order generally goes to the Sessions Court or the High Court in revision or appeal before anyone thinks of Article 136. The Supreme Court expects the hierarchy to be followed, and skipping it is one of the commonest reasons for a quick dismissal.
SLP, statutory appeal or something else?
The table shows the usual route for common orders. Check the specific statute, because a few have their own appeal provisions and time limits.
| Order you want to challenge | Usual route to the Supreme Court | Time limit |
|---|---|---|
| High Court final judgment (civil, criminal, writ) | SLP under Article 136 | 90 days from the judgment |
| High Court interim order (bail, stay, injunction) | SLP under Article 136 | 90 days, but file quickly if relief is urgent |
| High Court refuses a certificate under Article 134A | SLP under Article 136 | 60 days from the refusal |
| NCLAT order under the IBC | Statutory appeal, section 62 IBC | 45 days, extendable by 15 |
| NCDRC order in its original jurisdiction | Statutory appeal, section 67 Consumer Protection Act | 30 days |
| NGT order | Statutory appeal, section 22 NGT Act | 90 days |
| CAT order | Writ before the High Court Division Bench first | Then SLP within 90 days of the High Court order |
| Your own SLP dismissed by the Supreme Court | Review petition, then curative petition | 30 days for review |
What is the time limit for filing an SLP?
The limit is 90 days from the date of the High Court judgment or order. Time spent in obtaining a certified copy of the judgment is excluded under section 12 of the Limitation Act, so the date the copy was applied for and the date it was ready both matter. Keep the certified copy application and the copy itself with their dates visible. The registry checks limitation and will flag the petition if it is late.
If you are late, the petition must come with an application for condonation of delay explaining why. The Supreme Court is more forgiving than many people think when the explanation is genuine and supported: illness with medical papers, a change of counsel with dates, time taken by a government department to process the file. It is far less forgiving of vague explanations such as "the petitioner was not aware" or "the file was misplaced". A delay of a few weeks with a clean explanation is routine. A delay of a year or more needs a much stronger reason, and the other side will usually be heard on it.
When Advocate B.K. Singh is handed a High Court judgment for an SLP, the first two dates he writes at the top of the file are the date of pronouncement and the date the certified copy was received. Everything else, including whether to file urgently for a stay, follows from those two dates.
What does the Supreme Court look for before granting leave?
The Court looks for a reason to interfere, not for a reason why the High Court might have been wrong. Those are different things. The questions a bench is effectively asking at admission are: does this case raise a question of law that matters beyond these parties, has the High Court gone against settled law or a binding Supreme Court judgment, is there a conflict between High Courts on the point, or has something gone so badly wrong (a person convicted on no evidence, a party not heard at all, a jurisdictional error) that the Court cannot let it stand.
Pure questions of fact are the weakest ground. Concurrent findings of fact by two courts, for example the trial court and the High Court both holding that a will was genuine, are almost never disturbed unless the findings are perverse, meaning no reasonable person could have reached them on the evidence. Quantum disputes, such as the amount of compensation in a motor accident claim, are heard only where the method of calculation is wrong in law, not where a different figure was possible.
The petition must state the questions of law at the start. A good question of law is short and specific: whether a particular provision applies to a particular kind of transaction, whether an authority could act without a hearing, whether a later amendment applies to pending cases. A list of fifteen questions that restate the grounds tells the bench that the petitioner has not decided what the case is really about.
How an SLP is filed, from the High Court judgment to the first listing
The steps below are what usually happens in a civil or criminal SLP. Times vary with the registry's workload and with how quickly defects are cured.
Get the judgment and the record together
Obtain the certified copy of the impugned judgment and collect the pleadings, documents and orders that were before the High Court. Only documents that formed part of the record below can normally be annexed, so the High Court file is the source.
Decide the questions of law and the relief
Read the judgment against the record and decide what exactly the Supreme Court is being asked to correct. Decide whether interim relief is needed, such as a stay of the judgment, of a demolition, of a recovery or of a sentence.
Draft the petition and the paper book
The SLP is drafted in the prescribed format: synopsis and list of dates, the petition with questions of law and grounds, the impugned judgment, the annexures, and the applications. The petitioner signs the affidavit and the vakalatnama in favour of the Advocate-on-Record.
File through the Advocate-on-Record
The AOR files the petition, usually through e-filing on the Supreme Court portal, and a diary number is generated. Court fee and other charges are paid at this stage. A caveat filed by the other side means they must be served with a copy before listing.
Cure the registry's defects
The registry scrutinises the petition and lists defects: missing pages, unclear annexures, wrong formatting, limitation, an absent surrender proof in a criminal case. These must be cured within the time allowed, after which the matter is registered and gets an SLP number.
Listing for admission
The SLP is listed before a bench for admission. If urgent interim relief is needed, the AOR can seek urgent listing through the mentioning procedure, with reasons. At the hearing, counsel usually gets a few minutes to persuade the bench to issue notice.
The whole process from judgment to first listing can take two to six weeks in an ordinary case, and less when urgency is shown and accepted. A petition with no urgency and many defects can take months to reach a bench.
What goes into the SLP paper book
The registry checks for each of these. A missing item is a defect, and defects delay listing.
The petition itself
- Synopsis and list of dates, in chronological order with page references
- Questions of law, stated briefly
- Statement that no other petition has been filed against the same judgment
- Grounds, numbered, each tied to the record
- Prayer for special leave and for interim relief
- Certificate by the AOR that the annexures were part of the record below
Attachments
- Certified copy of the impugned judgment or order
- Copies of the orders and judgments of the courts below
- Annexures marked P-1, P-2 and so on, legible and paginated
- English translations of documents in Hindi or another language
- Affidavit of the petitioner verifying the petition
- Vakalatnama in favour of the Advocate-on-Record
Applications usually filed with it
- Condonation of delay, if late
- Exemption from filing certified copy, if not yet received
- Stay or other interim relief
- Exemption from surrendering, in criminal cases
- Permission to file additional documents, used sparingly
What happens at the first hearing?
One of three things, most of the time. The SLP may be dismissed, usually by a short order saying the Court is not inclined to interfere. Notice may be issued to the respondents, which means the Court wants to hear the other side before deciding whether to grant leave. Or, less often at the first hearing, leave may be granted straight away. The Court may also issue notice limited to one point, such as the sentence in a criminal case or the rate of interest in a money decree, which narrows what will be argued later.
Dismissal at the first hearing is common, and it is not a reflection on the quality of the advocacy alone. The Supreme Court admits a small share of what it receives. The best a petitioner can do is make sure the bench sees the real point within the first page of the synopsis and the first minute of argument.
A middle path is withdrawal. If the bench is not inclined to interfere but sees some force in a point, counsel may ask to withdraw the SLP with liberty to approach the High Court, for example in review, or to raise the point in the pending trial. An order of withdrawal with liberty keeps a door open that an outright dismissal may close.
Can you get a stay of the High Court order?
Yes, and often that is the whole point of filing quickly. Interim relief in an SLP is asked for in a separate application. The bench may grant it at the first hearing along with notice, or may direct the parties to maintain status quo until the next date. The usual considerations apply: whether the petitioner has a prima facie case, where the balance of convenience lies, and whether refusing a stay would make the SLP pointless by the time it is heard.
Stays are often conditional. In money matters the Court commonly asks the petitioner to deposit all or part of the decretal amount, or to furnish security, as a condition of a stay of execution. In eviction matters the Court may stay eviction on terms that the occupant pays use and occupation charges and gives an undertaking to vacate if the SLP fails. Be ready for these conditions, and tell your advocate before the hearing what you can actually deposit.
Filing an SLP does not by itself stay anything. Until the Supreme Court passes an order, the High Court judgment can be executed. If execution is imminent, say so in the petition and seek urgent listing. In the meantime, a request to the High Court to defer its own order for a short period to allow an SLP is sometimes made at the time of pronouncement, and some benches grant it.
Criminal SLPs: surrender, exemption and bail
A person sentenced to imprisonment who files an SLP against the conviction must surrender before the petition will be listed, unless the Court grants an exemption. The registry will not list the petition without either a surrender certificate from the jail or an application for exemption from surrendering. Exemption applications are decided by the bench, and are more likely to be granted where the sentence is short, the person was on bail throughout the trial and appeal, there are health issues, or there is a real question about the conviction.
SLPs in criminal matters are also filed against orders on bail and anticipatory bail, against orders refusing to quash an FIR under section 528 BNSS, and against acquittals, by the State or by the victim. A State appeal against acquittal faces a high bar, because an acquittal strengthens the presumption of innocence. Bail SLPs are common, but the Court generally expects the High Court route under section 483 BNSS to have been used first. Our page on bail matters covers how bail is sought in the courts below.
Before filing a criminal SLP, check whether the order is one where an appeal or revision lies to the High Court first. Criminal appeal or revision explains the choice. A Supreme Court bench that sees an SLP filed directly against a magistrate's or Sessions Court's order will almost always ask why the High Court was bypassed.
A made-up example: a property suit lost on limitation
Here's a made-up example. Ritu's father had filed a suit for possession of a plot in Ghaziabad based on title. The trial court decreed the suit. The first appellate court reversed it, holding the suit barred by limitation. The High Court dismissed her second appeal, saying no substantial question of law arose. The certified copy reaches her 20 days after the judgment.
Her advocate sees that both the first appellate court and the High Court applied the three-year limitation period meant for declaratory suits, when the suit was for possession based on title, which carries twelve years under the Limitation Act. That is a question of law, not of fact. The synopsis puts it in the first paragraph, the list of dates shows the plaint, the decree and the two appellate orders, and the SLP is filed on day 70, well within time once the certified copy period is excluded. An application for stay of the order dismissing the second appeal is filed because the other side has started proceedings to have her vacate.
At the first hearing, the bench issues notice, and directs status quo on possession. Leave may or may not be granted later. The point of the example is not the outcome. It is that the SLP was built around one clear legal error, identified from the record, rather than a general complaint that the High Court was unfair.
Your SLP was dismissed. What does that mean?
An SLP dismissed at the admission stage by a short order, without reasons, does not mean the Supreme Court has approved the High Court's judgment on merits. It means the Court declined to grant leave. The High Court judgment remains the operative decision. Where the dismissal order gives reasons, those reasons bind the parties, and where leave was granted and the appeal was later dismissed, the Supreme Court's judgment replaces the High Court's.
A second SLP against the same judgment is not maintainable. The remedies after dismissal are a review petition in the Supreme Court within 30 days, and after that, in very limited cases, a curative petition. Both are narrow and are explained in our post on review and curative petitions. In some situations a review before the High Court is still possible after a non-speaking dismissal, but that needs careful advice on the specific orders.
Dismissal is also the point at which execution of the High Court decree usually resumes. If an interim stay was in force, it ends with the dismissal unless the Court gives time. Plan for that before the hearing, not after.
After notice and after leave is granted
Once notice is issued, the respondents are served and file a counter affidavit, usually within the time the Court fixes, often four to six weeks. The petitioner may file a rejoinder. The matter then comes up again for hearing on whether leave should be granted. Some SLPs are disposed of at this stage with a short order, for example by setting aside the High Court order and sending the case back for a fresh decision.
When leave is granted, the SLP becomes a civil appeal or criminal appeal. The record may be called for from the High Court, written submissions are filed, and the appeal waits for final hearing. Regular hearing matters can take years to be reached, though interim orders continue to operate in the meantime. Cases raising the same question are often tagged together and heard as a batch.
During this period the advocate's job is to keep the file alive: making sure interim orders are extended where needed, that applications are filed for changed circumstances, and that the matter is mentioned for early hearing if there is a reason, such as an elderly petitioner or a time-sensitive project.
If you are on the other side: opposing an SLP
If you won in the High Court and expect the other side to go to the Supreme Court, file a caveat in the Supreme Court. A caveat means you will be served with the SLP before it is listed, so no interim order is passed without your advocate being present. The idea is the same as a caveat in the lower courts, which our post on caveat petitions explains.
Once you are served, appear through an Advocate-on-Record. At the admission stage, the respondent's advocate can point out why the case does not deserve leave: concurrent findings of fact, no question of law, delay, or a deliberate suppression of facts in the petition. Suppression is taken seriously. An SLP that hides an earlier order, a settlement or a pending proceeding can be dismissed on that ground alone.
If notice is issued, the counter affidavit should be short, factual and tied to the record. It is not the place to reargue the whole case. Its main job is to show the bench that the High Court's view was a reasonable one on the evidence and the law.
Mistakes that sink SLPs
- Rearguing facts. An SLP that reads like a first appeal, asking the Court to reappreciate evidence, is the weakest kind of petition. Find the legal error first.
- A cluttered synopsis. The bench reads the synopsis first. If the main point is on page six, it may not be reached at all.
- Annexing new documents. Documents that were not before the High Court are generally not allowed, and filing them without permission raises questions about the petition.
- Suppressing earlier orders. Every earlier round of litigation, settlement or related petition must be disclosed. Concealment can end the case.
- Waiting for the last week. Limitation is not the only deadline. If execution is coming, the real deadline is the date the other side can act.
- Skipping the High Court. Filing an SLP directly against a trial court or tribunal order where the High Court has jurisdiction invites dismissal with liberty to go there first.
- Ignoring the surrender rule. A criminal SLP filed without a surrender certificate or an exemption application will not be listed.
What to do this week if the High Court has ruled against you
- Note the date of the judgment and calculate 90 days from it.
- Apply for the certified copy immediately and keep the receipt with its date.
- Collect the complete High Court file: petition or appeal, replies, documents, orders and written submissions.
- Find out whether the other side can execute the order now, and when.
- Write down, in one paragraph, what you think the High Court got wrong in law, not just in result.
- Check whether the order is one where a statutory appeal lies to the Supreme Court instead of an SLP.
- If you won and expect an SLP, file a caveat in the Supreme Court.
- If you cannot afford counsel, look at legal aid through the Supreme Court Legal Services Committee.
Having the judgment read before you decide
Not every adverse High Court judgment deserves an SLP, and an honest assessment at the start saves months and money. Sometimes the better course is a review in the High Court, a fresh representation, a settlement, or simply accepting the result and moving on. The question to ask is not "can we file" but "what will the bench see in the first minute".
Advocate B.K. Singh appears in Supreme Court matters with an Advocate-on-Record handling filing, and the papers he asks for first are the impugned judgment, the order sheets and the pleadings below, because the questions of law have to come out of the record. If you want the judgment read and the deadline worked out, you can send the papers through our online enquiry, read about the Supreme Court work we do in Delhi, or see Advocate B.K. Singh's profile. If cost is a concern, our post on free legal aid explains who qualifies.
Frequently asked questions
What is the time limit for filing an SLP in the Supreme Court?
Ninety days from the date of the High Court judgment or order, with the time taken to obtain a certified copy excluded. If the High Court refused a certificate of fitness, the limit is 60 days from the refusal. A late SLP needs an application for condonation of delay with a specific explanation.
Can I file an SLP myself without an advocate?
Only an Advocate-on-Record can file on behalf of a party. A person can appear in person, but must first go through the Supreme Court's in-person screening, which checks whether the petitioner can present the case. Most people find it far easier to work through an AOR.
Can an SLP be filed against an interim order of the High Court?
Yes. SLPs are filed against interim orders on bail, stay, injunction and similar issues. The Supreme Court interferes less readily with interim orders because the main case is still pending, and it may simply ask the High Court to decide quickly.
Does filing an SLP stop the High Court order from being enforced?
No. Only an order of the Supreme Court can stay the High Court's judgment. Until then it can be executed, so if enforcement is close, seek urgent listing and interim relief.
What does 'notice issued' mean in an SLP?
It means the bench wants to hear the respondents before deciding whether to grant leave. It is a step forward from dismissal, but it is not a grant of leave. The respondents file a counter affidavit and the matter is heard again.
What happens after leave is granted in an SLP?
The SLP is converted into a civil or criminal appeal with a new number. The record may be called for and written submissions filed, and the appeal waits for final hearing, which can take a long time. Interim orders usually continue meanwhile.
Can I file a second SLP after the first is dismissed?
No, not against the same judgment. The options are a review petition in the Supreme Court within 30 days and, in rare cases, a curative petition. If the first SLP was withdrawn with liberty, the liberty granted decides what can be done next.
Do I have to surrender before filing a criminal SLP?
If you were sentenced to imprisonment and are challenging the conviction, yes, unless the Court exempts you. The petition will not be listed without a surrender certificate or an application for exemption. Exemption is more likely where the sentence is short and you were on bail throughout.
Can the victim or complainant file an SLP against an acquittal?
Yes, a victim or complainant can approach the Supreme Court against a High Court order of acquittal, as can the State. The bar is high, because an acquittal strengthens the presumption of innocence. The petition must show that the acquittal was perverse or based on a clear legal error.
Is an SLP the same as an appeal to the Supreme Court?
No. An SLP asks for permission to appeal, and the Court can refuse without reasons. Some statutes give a direct appeal to the Supreme Court, such as section 62 of the IBC or section 67 of the Consumer Protection Act, and those are not SLPs.
How long does an SLP take to be decided?
Many are decided at the first or second hearing, within weeks or a few months of filing. Where notice is issued and leave is granted, the appeal can take years to reach final hearing. Interim relief granted early often matters more to the parties than the final date.
Can new evidence be filed with an SLP?
Generally no. The Court decides on the record that was before the High Court, and the AOR certifies that the annexures were part of that record. Additional documents can be filed only with permission, and only in limited situations.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.