Why in news?
A Supreme Court bench recently criticised the Income Tax Department for filing a Special Leave Petition (SLP) in a case already settled by the Court. The judges observed that unnecessary petitions clog the docket and waste judicial resources. The incident has drawn attention to the nature and proper use of SLPs.
Background
An SLP is a request filed under Article 136 of the Constitution of India seeking special permission from the Supreme Court to appeal against the judgment of any court or tribunal (except military courts). Unlike ordinary appeals, SLPs are discretionary — the Supreme Court may choose to grant or refuse leave. The remedy was created to ensure that substantial questions of law or gross injustice can be addressed even when no statutory right of appeal exists.
Key features of an SLP
- Scope: SLPs can be filed against final or interim orders of high courts, tribunals and quasi‑judicial bodies. They cannot be used as a matter of right; the petitioner must demonstrate that an important legal issue or miscarriage of justice is involved.
- Time limits: An SLP against a final judgment must be filed within 90 days of the order. If the high court refuses to certify that the case is fit for appeal, a separate SLP can be filed within 60 days of such refusal.
- Procedure: The petition must contain a statement of facts, grounds for seeking special leave and the specific question of law. It must be signed by an advocate‑on‑record. If the Court grants leave, the petition is converted into a regular civil or criminal appeal.
- Discretionary power: The Supreme Court has wide latitude to refuse SLPs, and many petitions are dismissed at the preliminary stage. It generally intervenes only when there is a violation of natural justice or interpretation of the Constitution.
Judicial criticism
In the case that triggered the current discussion, the Income Tax Department filed an SLP despite a previous ruling by the Supreme Court on the same issue. The bench reprimanded the department for burdening the Court with repetitive litigation and emphasised that government agencies must exercise caution and respect the finality of judgments.
Significance
- Access to justice: The SLP mechanism provides litigants with a final recourse when no statutory appeal is available, ensuring that fundamental rights and legal principles are upheld.
- Preventing misuse: The Court’s recent admonition underscores that SLPs should not be filed casually. Overuse can delay justice for other litigants and strain judicial capacity.
- Balancing discretion and uniformity: By screening cases, the Supreme Court maintains uniformity in the interpretation of law across India while focusing on matters of broad importance.
Conclusion
Special Leave Petitions are a unique feature of India’s judicial system, designed to correct exceptional injustices. Proper use preserves the balance between access to justice and judicial efficiency. The recent critique serves as a reminder that the privilege of approaching the Supreme Court must be exercised responsibly.
Source: LiveLaw,
