Sonu Mehtha
“An unjust law is itself a species of violence. Arrest for its breach is more so.” – Mahatma Gandhi
The Supreme Court is the Apex Court of India. There is no direct right to appeal to the Supreme Court from the High Court in all cases. There are a few cases in the Constitution and a few in various statutes passed by the Legislature, in which a party aggrieved by a judgment may directly appeal to the Supreme Court.
In all other cases, the Apex Court can be approached by the aggrieved party vide Article 136 of the Constitution of India.
It confers special power to the Supreme Court, in its discretion, to provide special leave:
Against the judgment, order, award or any determination of;
Any court or tribunal involving;
Question of Law.
A petition presented to the Supreme Court under Article 136 praying for the special leave to appeal to itself is known as a Special Leave Petition.
The real question before the Court in SLP would be whether or not special leave should be granted to appeal. Once the Special Leave is granted, then it converts into an appeal, i.e. Civil Appeal or Criminal Appeal according to the subject matter.
Generally, a party that wishes to file an appeal aggrieved by the order of the high court may apply for a certificate of appeal or sometimes the high court itself may grant a certificate of appeal considering the nature of the question of law involved.
However, if the high court rejects the application for grant of certificate of appeal. Then SLP may be filed by praying to the Supreme Court to allow leave to appeal. Now, when the Court grants such leave then the SLP becomes an appeal. Article 136 does not confer a Right of Appeal, but merely, a discretionary power to the Supreme Court to be exercised for satisfying the demands of justice under exceptional circumstances.
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