What is a Special Leave Petition under Article 136 of the Constitution of India?
A Special Leave Petition asks the Supreme Court of India for permission to appeal against any judgment or order of any court or tribunal in India, under Article 136 of the Constitution. The power is discretionary: the Court first decides whether to grant leave at all, and only if it does is the matter heard as an appeal on the merits. The period for filing is generally ninety days from the date of the judgment or order (sixty days from an order refusing a certificate of fitness to appeal), and a petition can be filed only through an Advocate-on-Record.
Our Supreme Court lawyers advise and appear in appeals and other proceedings before the Supreme Court of India and the High Courts in areas including competition law, banking and finance, energy and infrastructure, tenders and contracts, estate and family disputes, environment, criminal law and bail, intellectual property, and real estate and land acquisition.
The practice is led by Mr. Vikas Kumar, an Advocate-on-Record of the Supreme Court of India since 2014.
The firm also appears before various High Courts, and before tribunals including the National Company Law Tribunal and the National Company Law Appellate Tribunal, in commercial suits, writ petitions, arbitration petitions, company matters, recovery proceedings and appeals.
What the practice covers
- Special Leave Petitions and appeals. Drafting, filing and arguing Special Leave Petitions, civil and criminal appeals, transfer petitions, and review and curative petitions.
- Writ petitions under Article 32. Petitions for the enforcement of fundamental rights, including public interest matters.
- Applications under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrators in international commercial arbitrations, which are made to the Supreme Court.
- Special Leave Petitions arising from decisions under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.
- High Courts and tribunals. Writ petitions, commercial suits, arbitration petitions and company matters.
Legal advisory
Our advisory work covers commercial contracts, regulatory positions, legal opinions on Indian law (including for use in foreign proceedings), and the assessment of exposure before a dispute arises.
Common questions
What is an Advocate-on-Record?
An advocate registered under the Supreme Court Rules, 2013 who alone may file matters and act for a party in the Supreme Court. Other advocates may argue a case there, but the filing has to be made through an Advocate-on-Record. The firm's principal, Mr. Vikas Kumar, is one.
What is the difference between a Special Leave Petition and an appeal?
An appeal lies as of right where a statute provides one. A Special Leave Petition asks the Court to exercise its discretion to hear an appeal at all. If leave is granted, the petition is converted into a civil or criminal appeal and heard on the merits.
Can a judgment of the Supreme Court be reviewed?
A review petition may be filed, generally within thirty days of the judgment, on limited grounds such as an error apparent on the face of the record. It is usually decided by the same bench, often without an oral hearing, and it is not a rehearing of the appeal.