About Special Leave Petition (SLP)
- The Supreme Court of India has been given extraordinary jurisdiction under Article 136 of the Constitution.
- By virtue of this Article, thecourt can 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 (with theexception of military tribunalsand court martial).
- It canonly be exercised when a substantial question of law or gross injustice has been committed.
- A judgement, decree, or orderneed not be final for an SLP.An interim or interlocutory order,decree or judgement can also be challenged.
- It is adiscretionary/optional power of the SC and the court may, in its discretion, decrease to grant leave to appeal.
- Theaggrieved party can’t affirm a special leave to offer under Article 136as a right.
- Who can file an SLP?
- Any aggrieved party can file SLPagainst judgement or order of refusal of grant of certificatefor appeal to SC.
- An SLP can be filed forany civil or criminal matter, etc.
- Time limit to file SLP:
- It can befiled against any judgment of the High Court within 90 days from the date of judgment or
- It can befiled within 60 days against the order of the High Courtrefusing to grant the certificate of fitness for appeal to SC.
- Procedure for a Special Leave Petition (SLP):
- A SLPmust contain all the facts upon which the SC is to decide, which revolve around the grounds on which an SLP can be filed.
- The said petition needs to be duly signed by an Advocate-on-Record.
- The petitioner mustinclude a statement within the SLPstating that no other petition has been filed in a High Court.
- Once the petition is filed, theSC will hear the aggrieved party anddepending upon the meritsof the case,will allow the opposite party to state their part in a counter affidavit.
- After the hearing,if the Court deems the case fit for further hearing, it will allow the same; otherwise it will reject the appeal.
Q1) What is a court martial in India?
A court martial is a type of military court that is empowered to try members of the armed forces for offenses committed under military law. The purpose of a court martial is to maintain discipline and order within the military by ensuring that members of the armed forces are held accountable for their actions.
