Special Leave Petition under Article 136
The SLP is the most-filed and least-granted petition in the Indian Supreme Court. Drafting one that crosses the leave threshold requires understanding that the Court is looking for a reason not to entertain it.
Introduction
Article 136 is plenary in text and parsimonious in practice. The Court entertains a small fraction of SLPs filed, often dismissing at the threshold without reasons.
The drafting brief is the inverse of a regular appeal: do not retell the case; argue the leave question. Identify the substantial question of law, the conflict, or the perversity, and put it at the front. Everything else supports that opening claim.
When to Use This Prompt
- The impugned order raises a substantial question of law of general importance.
- Manifest miscarriage of justice or conflict between High Courts.
- All statutory remedies exhausted or not efficacious.
- Within 90 days (60 days against Article 226 orders).
Statutory & Case-Law Backdrop
Article 136 confers discretionary jurisdiction. Leading authorities: Pritam Singh v. State, AIR 1950 SC 169, and Kunhayammed v. State of Kerala, (2000) 6 SCC 359, on doctrine of merger and dismissal in limine.
The Prompt
Paste into ChatGPT, Claude or Gemini. Replace every bracketed placeholder with your specific facts before generating.
Act as Supreme Court counsel. Draft a Special Leave Petition under Article 136 against the [JUDGEMENT/ORDER] dated [DATE] of the High Court of [STATE] in [CASE NUMBER]. Petitioner: [NAME, STATUS BELOW] Respondent(s): [NAMES] Subject matter: [DESCRIPTION] Include: (1) Synopsis and list of dates (max 4 pages); (2) Questions of law (3-6 substantial questions of general importance); (3) Grounds for special leave — lettered, addressing the Pritam Singh / Kunhayammed standard; (4) Prayer for leave, stay of impugned order, and interim relief; (5) Affidavit in support; (6) Exemption application if certified copy unavailable. Tone: restrained, doctrinal, addressed to a Bench that grants leave only in exceptional cases.
Anatomy of the Draft
Why the prompt is built the way it is — section by section.
Synopsis and list of dates
The Bench reads the synopsis first. Make it tight, lead with the question of law.
Questions of law
3-6 substantial questions framed as questions the Court can answer yes/no. Avoid generic 'whether impugned order is sustainable'.
Grounds for special leave
Lettered grounds, each addressed to a specific defect — perversity, statutory misapplication, conflict with precedent.
Prayer and interim relief
Leave to appeal, setting aside, and any urgent interim relief — separately reasoned with balance of convenience and irreparable injury.
Common Mistakes to Avoid
- ×Treating the SLP as a regular appeal.
- ×Bulky synopses that bury the question of law.
- ×Generic grounds copy-pasted from earlier petitions.
- ×Mis-computing limitation.
- ×Asking for stay without separate reasoned case.
Frequently Asked Questions
Filing without certified copy?+
Yes, with exemption application, plain copy and affidavit. Convert before final hearing.
Limitation?+
90 days for civil/criminal SLP; 60 days against Article 226 orders. Section 5 Limitation Act applies.
Is dismissal in limine the end?+
Yes for the SLP, but Kunhayammed: no merger absent reasons.
Final Thoughts
The SLP is an argument about why the Court should engage at all. Lead with the leave question, frame substantial questions, write restrained grounds, treat the synopsis as the most important page.
Disclaimer
This article is for informational and drafting-aid purposes only. It is not legal advice. AI-generated drafts must be reviewed by qualified counsel before filing or being relied upon. Verify every citation and statutory reference against the original source.
Related Prompts in Litigation & Court Drafting
Draft a Bail Application under Section 439 CrPC
Generates a regular bail application for sessions or High Court with grounds tailored to the FIR facts.
Anticipatory Bail Application under Section 438 CrPC
Pre-arrest bail draft with grounds for false implication and cooperation undertakings.
Quashing Petition under Section 482 CrPC
High Court quashing petition relying on State of Haryana v. Bhajan Lal categories.