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Special Leave Petition: Pritam Singh v. State, AIR 1950 SC 169: 1950 SCR 453 Article 141 of The Indian Constitution

The document discusses the essential elements required in a Special Leave Petition (SLP) filed with the Supreme Court of India. It notes that an SLP must include a summary of the relevant case facts, issues, and dates in chronological order. It must also identify the question(s) of law being appealed related to certain laws and matters of public interest. If accepted, the Supreme Court may issue a notice to the respondent to file a counter-affidavit. The Supreme Court then decides whether to grant the SLP and convert it to a civil suit for hearing. The Supreme Court's judgment becomes the law of the land and is binding on all Indian courts. An SLP must generally be filed within 90 days,

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50 views

Special Leave Petition: Pritam Singh v. State, AIR 1950 SC 169: 1950 SCR 453 Article 141 of The Indian Constitution

The document discusses the essential elements required in a Special Leave Petition (SLP) filed with the Supreme Court of India. It notes that an SLP must include a summary of the relevant case facts, issues, and dates in chronological order. It must also identify the question(s) of law being appealed related to certain laws and matters of public interest. If accepted, the Supreme Court may issue a notice to the respondent to file a counter-affidavit. The Supreme Court then decides whether to grant the SLP and convert it to a civil suit for hearing. The Supreme Court's judgment becomes the law of the land and is binding on all Indian courts. An SLP must generally be filed within 90 days,

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kaku
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© © All Rights Reserved
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ts a question of law as well as public interest.

The party while going for an SLP has to submit a short summary of the relevant issues and facts
that occurred during the case and should also mention the date in chronological order in which
the events happened. The summary should also include the question of law that a party
(aggrieved party) has, these questions must be related to certain laws and should be related to
general public too.

If the appeal is accepted and registered, depends upon the discretion of court, the aggrieved party
gets the chance to be heard before the court. On depending the qualities and merits of the suit the
court will issue a notice against the respondent to issue a counter-affidavit to this suit. It is the
occasion, when the Apex Court decides whether to grant SLP or not 1, if Granted the case will be
converted into a civil suit and hearing will begin from beginning.

The Apex court may change the previous verdict, may give some additions to it or fix with the
earlier judgment. The Supreme Court also has the power to send back the suit or appeal to lower
or subordinate courts if court thinks that some issue are left undiscussed.

The Supreme Court’s judgment is declared as law of the land and is binding on all courts in
India.2

Usually petitioner gets the opportunity to file a SLP before Supreme Court within 90 days,
however the court may increase this time period on its discussion.

1. Essentials in SLP:
 Special Leave petition
 (3) The word, “order” In Article 136 (1) has not been qualified by the adjective “final”. It
is thus clear that the Supreme Court can hear an appeal even from Interlocutory order.
 (4) Article 136 (1) does not define the nature of proceedings from which Supreme Court
may hear appeals. Therefore, such appeals may be heard by the court in any kind of
proceedings, whether civil, criminal, or relating to Income Tax, labour disputes, etc.

1
Pritam singh v. State, AIR 1950 SC 169: 1950 SCR 453
2
Article 141 of the Indian Constitution
 (5) Article 136 (1) confers on the Supreme Court power to grant special leave against
orders and determination, etc. of any tribunal, which is very important aspect as a matter
of right of the Supreme Court.
 (6) Under Article 136 (1), the Supreme Court may hear appeal even though the ordinary
law pertaining to the disputes, makes no provision for such an appeal.
 (7) Being a jurisdiction conferred by the Constitution, it cannot be touched by ordinary
legislative process. It can be affected only by constitutional process.
 (8) The scope of this special appellate jurisdiction of the Supreme Court is very flexible.
The matter lies within complete discretion of the Supreme Court3.

 CHAPTER-II
1. Objects and purpose of SLP:

3
M.P Jain, Indian Constitutional Law, 7th Ed., Lexis Nexis,p.229-231
The power conferred upon the SC by Art. 136 is “most desirable”. In terms of its significance, it
stands at no lower a footing than the one under Art.32. There is more than one reason why this
plenary power is expressly conferred by the constitution itself.

First, all the cases may not fulfill the conditions stipulated for the issuance of a certificate under
Art.132 to 134-A, and yet the case may involve an important question of law.

Second, the power under Art.132 to 134-A is limited to cases disposed by a HC, but matters
before Courts/Tribunals, other than a HC may, in the interest of justice, require intervention of,
and expression “substantial question of law”. Or its cognate expressions in the preceding
provisions, is very subjective and the opinion may differ from Judge to judge and from Court to
Court.

Forth, the SC may take into consideration the difference of opinions among various HCs on any
particular issue and may therefore exercise its power under Art. 136 with a view to finally settle
the question to bring about stability, uniformity and predictability of legal consequences.

Fifth, the constitution makers intended to reserve this power with the SC so that the SC may
interference in appropriate cases without depending exclusively upon the issuance of a certificate
by the HC, for its appellant jurisdiction.

The jurisdiction for Art.136 can best be appreciated by considering the consequences that would

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