17 Oct 2023 Special Leave Petition
This article covers “Daily Current Affairs” and the topic details “Special Leave Petition”. This topic has relevance in the Polity and Governance section of the UPSC CSE exam.
GS 2: Polity and Governance
Why in the news?
The Supreme Court has granted early listing for a special leave petition that challenges the Delhi High Court’s dismissal of petitions filed by NewsClick founder Prabir Purkayastha and the human resources head, Amir Chakraborty. These petitions pertained to their arrest by the Delhi Police under the stringent Unlawful Activities Prevention Act (UAPA).
Background:
The Supreme Court of India highlighted an issue regarding Special Leave Petitions (SLPs) in criminal cases, which frequently lack vital information, including information about the accused, charges, and the trial’s progress. Recognizing the deficiency of essential details in these appeals, the Supreme Court underscored the necessity for the establishment of new regulations aimed at ensuring that all requisite information is included in SLPs. This measure would help avoid unwarranted delays and enhance the efficiency of the legal process.
Special Leave Petition of the Supreme Court:
Granting Special Leave: According to Article 136 of the Indian Constitution, the Supreme Court holds the discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence, or order issued by any court or tribunal within the territory of India. This discretionary authority allows the Supreme Court to decide whether to accept or reject a requested Special Leave in any given case.
Exclusion of Armed Forces Matters: Notably, this provision does not apply to judgments, determinations, sentences, or orders issued by any court or tribunal established under laws related to the Armed Forces.
Inter-State Water Dispute (ISWD) Tribunal: When discussing Special Leave Petitions (SLPs), it’s essential to consider their relationship with judgments from Inter-State Water Dispute (ISWD) Tribunals. The Inter-State Water Disputes Act of 1956, along with Article 262(2) of the Constitution, explicitly excludes the Supreme Court from hearing or deciding appeals against the decisions of ISWD Tribunals.
However, Article 136’s reference to “any court or tribunal in the territory of India” raises questions about its applicability to ISWD Tribunals. The Supreme Court has argued that remedies provided under Article 136, which includes Special Leave Petitions, are constitutional rights. Therefore, there are potential avenues for circumventing this exclusion, primarily through Articles 32, 131, and 136 of the Constitution.
Constitutional Remedies: Article 32 of the Constitution provides constitutional remedies through writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to safeguard fundamental rights.
Original Jurisdiction: Article 131 grants the Supreme Court original jurisdiction in matters involving disputes between the Center and the States or inter-State disputes, addressing such issues in a comprehensive manner.
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Q.1 Consider the following statements regarding Special Leave Petitions (SLPs) in India:
- SLPs are primarily filed in the High Courts of India.
- SLPs can only be filed by government authorities and public servants.
- The Supreme Court of India has the discretionary power to decide whether to grant or deny permission for an SLP.
How many of the above statement/s is/are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
ANSWER: A
Q.2 Consider the following statements regarding Special Leave Petitions (SLPs) in India:
- SLPs are filed directly in the Supreme Court of India.
- SLPs can be filed only on constitutional matters and not on any other legal issues.
- The grant of permission for an SLP is a matter of right for the petitioner.
How many of the above statement/s is/are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
ANSWER: B
Q.3 Examine the discretionary powers of the Supreme Court of India in deciding Special Leave Petitions (SLPs) and the impact of such discretion on the Indian legal system.
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