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Supreme Court of India • Article 136 Extraordinary Appellate Remedy

Supreme Court SLP Lawyer Special Leave Petitions (Article 136)

Precision Synopsis drafting, Order IV AOR filing, registry defect clearance, urgent interim stay mentioning, and oral admission advocacy before the Hon’ble Supreme Court of India.

Governing Framework Article 136 of the Constitution • Order IV & Order XXI/XXII SC Rules 2013
Limitation & Timing 90 Days from High Court / Tribunal order (60 Days if HC refused Certificate of Fitness)
Supreme Court Desk

Special Leave Petition (SLP Lawyer) Consultation

Share impugned order details and dates for prompt maintainability and limitation review.

Court-by-Court Admission Roster — Tilak Marg, New Delhi

Drafting & Arguing Article 136 Special Leave Petitions to Survive Admission

A Special Leave Petition (SLP) under Article 136 is an extraordinary, discretionary constitutional jurisdiction—not an appeal as of right. Because admission benches review voluminous paper-books before oral admission hearings, the fate of an SLP heavily depends on a razor-sharp Synopsis, accurate List of Dates, and framed Substantial Questions of Law.

Under Order IV of the Supreme Court Rules, 2013, all filings, caveats, and defect curings must be anchored through an Advocate-on-Record (AOR) working seamlessly with Arguing and Senior Counsel.

A Special Leave Petition (SLP) under Article 136 of the Constitution of India is not an ordinary appeal of right—it is an extraordinary discretionary constitutional jurisdiction vested exclusively in the Supreme Court of India to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed by any Court or Tribunal across the territory of India (excluding military tribunals under Article 136(2)).

Because Supreme Court Division Benches hear upwards of 50–70 miscellaneous admission matters on Monday and Friday boards, an SLP succeeds or is dismissed in limine within the first 2 to 5 minutes of oral submission based almost entirely on the clarity of its Questions of Law, Synopsis, and List of Dates under Order XXI / XXII of the Supreme Court Rules, 2013. Petitions drafted like bloated Trial Court plaints—or omitting mandatory Annexures P-1 to P-n referenced inside the High Court judgment—frequently fail at the admission threshold.

Chambers combine Senior/Arguing Counsel strategy with Advocate-on-Record (AOR) Registry precision—handling certified copy exemption I.A.s, Section 5 condonation of delay (where 90-day limitation lapses), Defective Registry cure within 28 days, Caveat appearances under Order XV Rule 2, and interim stay/bail protection.

Admission-Focused Drafting 01

Synopsis & Question of Law Architecture

Distilling hundreds of pages of High Court records into a crisp narrative demonstrating conflict of High Court rulings or grave miscarriage of justice.

Order IV SC Rules 2013 02

Advocate-on-Record (AOR) Filing & Registry Scrutiny

End-to-end e-filing, true-typed translations of vernacular lower court exhibits, defect curing, and advance service to Caveators.

Protecting Status Quo 03

Urgent Mentioning & Ad-Interim Stay

Preparing Urgent Listing Memos and ex-parte stay / status-quo applications where arrest, demolition, auction, or adverse execution is imminent.

Order XV Rule 2 Protection 04

Caveat Filing & Notice Opposition

Representing respondents who succeeded before the High Court to oppose ex-parte admission or stay orders at the threshold.

Statutory Provisions & Limitation

Article 136 SLP Categories, Rules & Limitation Periods

Reference matrix covering primary statutory enactments, applicable petition nomenclature, limitation windows, and bench maintainability thresholds.

Governing Provision Remedy / Petition Class Limitation & Timing Bench / Maintainability Standard
Art. 136 Constitution & Order XXI SC Rules SLP (Civil) Against High Court / Tribunal Civil Orders 90 days from High Court Order (Art. 133(c) Limitation Act) Substantial Question of Law of general importance / Injustice
Art. 136 Constitution & Order XXII SC Rules SLP (Criminal) Against HC Bail, Quashing & Criminal Appeals 90 days (60 days where High Court refuses fitness / Death Case) Proof of Surrender (Order XXII Rule 5) unless Exemption I.A. granted
Order XV Rule 2, Supreme Court Rules, 2013 Caveat in Supreme Court (Civil SLPs / Statutory Appeals) Valid for 90 days from Date of Lodging Mandatory advance copy & notice before interim stay
Sec 12 & Sec 5, Limitation Act, 1963 Certified Copy Exclusion & Condonation of Delay I.A. Days between copy application & ready date excluded Day-to-day sufficient cause required for extra delay
Judicial Precedents

Foundational Doctrines Governing Article 136 SLPs

Key binding principles applied at preliminary admission, interim stay consideration, and final adjudication.

Doctrine 01

Kunhayammed vs State of Kerala (2000) 6 SCC 359 (3-Judge Bench)

Distinguishes dismissal in limine (no doctrine of merger; High Court review remains maintainable) from dismissal after grant of leave (judgment merges into SC decree).

Doctrine 02

Mathai vs George (2010 / 2016 Constitution Bench)

Reaffirms wide discretionary ambit of Article 136 while cautioning against turning the Supreme Court into a routine third court of factual appeal.

Doctrine 03

Pritam Singh vs The State AIR 1950 SC 169

Extraordinary jurisdiction under Article 136 is exercised only where exceptional and special circumstances exist, causing grave miscarriage of justice.

Doctrine 04

Chandi Prasad vs Jagdish Prasad (2004) 8 SCC 724

Clarifies operation of Doctrine of Merger for execution and limitation computation following appellate disposal.

Chamber Execution Process

Supreme Court SLP Filing to Disposal Lifecycle

Structured chamber workflow from initial record scrutiny and advance service through preliminary admission and final disposal.

01

Question of Law & Limitation Audit

Screen impugned High Court/Tribunal order, calculate 90-day limitation (excluding Sec 12 copying days), and identify direct SC/HC conflict.

02

Synopsis, List of Dates & Paper-Book

Draft tight Article 136 Synopsis and Form 28 Grounds, compile translated English annexures, and settle drafts with Advocate-on-Record.

03

E-Filing, Caveat Service & Defect Cure

Serve advance copy on any Caveator, obtain Diary Number via SC Portal, file Affidavit/Vakalatnama, and clear Registry Scrutiny defects.

04

Miscellaneous Admission (Monday/Friday)

Present oral admission grounds before Supreme Court Bench to obtain Notice, Interim Stay, Status Quo, or Arrest Protection.

05

Counter, Rejoinder, Leave & Final Appeal

Complete pleadings post notice, convert SLP to numbered Civil/Criminal Appeal on Grant of Leave, and conclude Final Regular Hearing.

Maintainability Audit

Key Procedural Checkpoints

  • Check exact 90-day / 60-day limitation period and whether certified copy was applied for promptly
  • Ensure no suppression of material facts or omitted lower court orders (strict disclosure rule under SC Rules)
  • Verify official English translation for any Hindi or regional-language High Court / Trial Court annexures
  • Assess whether a statutory Appeal exists first (e.g., Sec 62 IBC or Intra-Court LPA) before invoking Art. 136
  • Ensure every annexure strictly matches what was already on record before the High Court—additional new documents require a separate Permission I.A. under Order XXI/XXII.
  • Check Order XXII Rule 5 in Criminal SLPs involving conviction sentences: Proof of Surrender is mandatory at filing unless an Exemption from Surrendering application is moved.
Filing Preparation

Essential Documents Required

  • 1 Impugned High Court / Tribunal Final Judgment or Order (with Certified Copy receipt)
  • 2 Copies of Petitions, Counter-Affidavits & Orders passed by Trial/Lower Courts cited in the order
  • 3 English translations of any non-English FIRs, Deeds, or Orders
  • 4 Signed Vakalatnama & Petitioner Affidavit (plus Condonation/Stay I.A. drafts)
  • 5 Impugned High Court/Tribunal Judgment/Order (certified copy if available, plus web copy with Certified Copy Exemption I.A.) & Application/Delivery Date Receipt.
  • 6 All Lower Court Orders, Pleadings, Contracts, FIR/Chargesheet, and Exhibits specifically referred to inside the Impugned Order.
Practice FAQs

Special Leave Petition (SLP Lawyer) — Frequently Asked Questions

No. Under Order IV of the Supreme Court Rules, 2013, only an Advocate-on-Record (AOR) is legally entitled to file pleadings, enter appearance, and receive notice in the Supreme Court; other advocates and Senior Advocates argue on instructions of the AOR.

An SLP filed after 90 days (or 60 days post certificate refusal) must be accompanied by an Application for Condonation of Delay under Section 5 of the Limitation Act explaining sufficient day-to-day cause.

Under the Supreme Court’s landmark ruling in Kunhayammed v. State of Kerala, a non-speaking dismissal of an SLP at the threshold does not merge the High Court judgment into a Supreme Court decree.

Yes. Under Order IV of the Supreme Court Rules, 2013, only a qualified Advocate-on-Record registered with the Supreme Court can file an SLP, act, and accept service of notices, although Senior Advocates or Arguing Counsel may argue the matter alongside the AOR.

No. Under Kunhayammed vs State of Kerala, when the Supreme Court dismisses an SLP summarily in limine without granting special leave, the Doctrine of Merger does not apply—so a Review Petition before the High Court remains legally maintainable.

Generally no. While Article 136 text covers any court or tribunal, the Supreme Court insists on exhaustion of statutory High Court appeal/writ remedies unless extraordinary exceptional justification makes High Court access impossible.

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