Special Leave Petition (SLP) in the Supreme Court: How to File, Format and Limitation (2026)

How-To Guide · Supreme Court Practice

Updated for 2026 · Claw Editorial

Many litigants lose a case in the High Court and then ask the same question: is it over, or can the Supreme Court still hear it? A Special Leave Petition (SLP) under Article 136 lets the Supreme Court hear an appeal against almost any order of a lower court or tribunal, at its discretion. It must usually be filed within 90 days of the High Court order, or within 60 days of an order refusing a certificate of fitness to appeal. This guide explains what an SLP is, who can file it, how to structure it, and what happens at the leave stage.

01What a Special Leave Petition is

A Special Leave Petition is a request asking the Supreme Court for permission, called leave, to appeal against an order of a lower court or tribunal. It is not an appeal as of right. The petitioner must first persuade the Court to grant leave. Only then does the matter proceed as an appeal.

Why people get confused

Most appeals in India are created by a statute, and they have a fixed route. An SLP is different. It is a constitutional remedy, so it can reach orders that no statute allows you to appeal. That is why it is often called the last door in the judicial system.

What it is not

An SLP is not a re-trial. The Supreme Court does not usually re-weigh evidence. It looks for a substantial question of law, a serious miscarriage of justice, or a clear error that needs correction.

An SLP is a request for permission to appeal. The first fight is to win leave, not to win the appeal.

02Article 136 and the Court’s discretion

Article 136 of the Constitution gives the Supreme Court the power to grant special leave to appeal from any judgment, decree, determination, sentence or order passed by any court or tribunal in India. The power is wide, but the Court uses it with care.

The Court has said many times that this power is meant for exceptional cases. A ground that is merely arguable on facts is usually not enough. Courts look for points such as:

• A substantial question of law of general importance.
• A decision that conflicts with a binding Supreme Court judgment.
• A grave injustice or a perverse finding.
• A serious procedural illegality that shakes the fairness of the trial.

Because leave is discretionary, strong drafting matters. The petition must show the Court, quickly, why this case is worth its time.

03Who can file an SLP

Any person aggrieved by an order of a court or tribunal in India can seek special leave, including an individual, a company, the State, or a body that was a party below. In some cases a person who was not a party but is directly affected may also try, with the Court’s permission.

Why an Advocate-on-Record is needed

In practice, an SLP is filed through an Advocate-on-Record (AOR). Under the Supreme Court Rules, only an AOR can file pleadings in the Court on behalf of a party. A senior advocate or another advocate may argue, but the AOR files and signs the petition and is the Registry’s point of contact.

So the first practical step is simple: pick an AOR early, and share the order, the record and the limitation date with them.

04SLP format and structure

A Supreme Court SLP follows a set structure. The order of parts below is the usual format, but always check the latest Supreme Court Rules and the Registry’s checklist before filing.

Two drafting habits help a lot. First, keep the synopsis honest and short, because many Benches read it before anything else. Second, tie each ground to a legal point, not just a complaint about the result.

05Limitation period for an SLP

The limitation to file an SLP against a High Court order is usually 90 days from the date of the judgment or order. Where a certificate of fitness to appeal was refused by the High Court, the period is 60 days from the order of refusal. These periods are set by the Supreme Court Rules, 2013 (Order XXI).

Count the days carefully

Counting starts from the date of the order, and time spent in getting the certified copy is generally excluded as per the usual limitation rules. Do not rely on this exclusion without checking. File early if you can.

If you are late

You can file an application for condonation of delay with a clear affidavit explaining each day. The Supreme Court has been strict on unexplained delay, especially from the State, so write the explanation properly and do not leave gaps.

06Steps to file an SLP, in order

1. Confirm the remedy. Check for a statutory appeal or review first. Then confirm an SLP is right.
2. Note the limitation date. Count 90 days, or 60 days where a certificate was refused.
3. Get the certified copy. Apply for it at once. Keep the application receipt.
4. Brief the AOR. Share the order, the pleadings and your instructions.
5. Draft the petition. Synopsis, list of dates, questions of law, grounds, prayer, affidavit and annexures.
6. File and cure defects. File through the Registry and respond to office objections quickly. For the online route, see our guide to Supreme Court e-filing.
7. Track and prepare. Follow the diary number and be ready for listing. Our guide on how to check Supreme Court case status shows how to follow a diary number.

If your SLP arises from a bail order, see our note on tracking bail matters. For SLPs arising out of criminal copyright cases, see criminal remedies under Section 63 of the Copyright Act.

07SLP to appeal conversion

When the Court grants leave, the SLP is converted into a civil appeal or a criminal appeal. The case then gets a new appeal number and the parties are heard on the merits. The same petition papers are usually treated as the appeal record, and the Court may ask for paper books to be prepared.

Leave granted does not mean the appeal is won. It means the Court thinks the case deserves a full hearing. If leave is refused, the SLP is dismissed and the order below stands, subject to rare remedies such as review or curative petition.

For tracking after conversion, note both the old SLP diary or case number and the new appeal number, since the same matter will appear under both.

08What happens at the leave stage

At the leave stage the Court decides whether to hear the case at all. Usually a Bench takes up the SLP for admission, hears the petitioner’s counsel briefly, and makes one of a few outcomes.

• Dismissed at the threshold. The Court sees no ground to interfere. The SLP is dismissed and the order below remains.
• Notice issued. The Court sees merit in hearing the other side. Notice goes to the respondents, and the petition may carry interim relief.
• Leave granted. The SLP becomes an appeal and is listed for final hearing.
• Tagged or adjourned. The Court clubs it with a similar pending matter or asks for more material.

A short, well-framed question of law helps most at this stage. Because Benches handle many matters a day, they decide quickly. Be ready for a hearing that lasts only a few minutes.

09Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For an SLP, Claw helps in two ways. First, for research: the case search covers judgments from the Supreme Court from 1950 onwards, with over 30 crore judgements and results in under 5 seconds, which helps you find the authorities that support your questions of law. Second, for tracking: once the SLP is filed, Claw can follow it by diary or case number across 9,102 forums, including the Supreme Court, and send hearing and order alerts.

Claw has a free plan for individual advocates. Create a FREE Claw account to track your SLP by diary/case number with hearing and order alerts. Paid plans are for teams and enterprises. Claw does not file the SLP for you. Filing still goes through an Advocate-on-Record. For a wider look at the tools, see our guide to the best legal case management apps in India.

10Sources and further reading

• Supreme Court of India (rules, forms, e-filing): sci.gov.in
• Constitution of India, Article 136: indiacode.nic.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Limitation and format rules can change, so confirm them against the current Supreme Court Rules and consult your AOR. Last verified October 2026.

11Frequently asked questions