A Special Leave Petition – A Comprehensive Guide for AOR Examination

A Special Leave Petition – A Comprehensive Guide for AOR Examination

The Special Leave Petition (SLP) is one of the most powerful and frequently invoked extraordinary remedies in the Indian judicial system. Enshrined under Article 136 of the Constitution of India, it empowers the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence, or order passed or made by any court or tribunal in the territory of India.

 Form 28, as prescribed under Order XVI Rule 4(1)(a) of the Supreme Court Rules, 2013, is the prescribed format for filing an SLP in civil matters.

For candidates appearing in the Advocate-on-Record (AOR) Examination, a thorough understanding of Form 28—its structure, constitutional basis, procedural requirements, and the legal declarations embedded within it—is not merely academic but forms the cornerstone of Supreme Court practice.

This guide provides a detailed analysis of each component of Form 28 to equip AOR aspirants with both conceptual clarity and practical knowledge.

Part I: Constitutional and Procedural Basis

The SLP derives its authority from Article 136 of the Constitution of India, which confers a discretionary, plenary, and residual power on the Supreme Court. This provision is unique in the world’s constitutional jurisprudence in the breadth of jurisdiction it confers.

The Supreme Court is not bound by any limitations in entertaining an SLP—it may grant leave regardless of the nature of the proceedings, whether civil or criminal, interlocutory or final.

The procedural framework governing SLPs is found in Order XVI of the Supreme Court Rules, 2013. Rule 4(1)(a) of this Order prescribes the use of Form 28 for civil SLPs.

This form is the gateway to the Supreme Court’s appellate jurisdiction for a vast majority of litigants who have exhausted remedies before High Courts or Tribunals.

Part II: Anatomy of Form 28 — A Structural Analysis

Form 28 is meticulously structured to capture every element that the Supreme Court requires to exercise its discretion under Article 136. Each numbered paragraph in the form corresponds to a substantive legal requirement.

1. Caption and Cause Title

The form begins with a formal caption identifying it as filed in the ‘Civil Appellate Jurisdiction’ of the Supreme Court of India. The cause title requires the petitioner to identify the parties in two dimensions:

• Their position in the court or tribunal below (e.g., whether they were the original petitioner, respondent, or appellant)
• Their position in the SLP before the Supreme Court (petitioner or respondent)

This dual identification is critical for maintaining clarity in matters where the aggrieved party before the Supreme Court may have been the respondent below.

2. Paragraph 1 — The Impugned Order

The first substantive paragraph requires the petitioner to identify with precision:

• The court or tribunal whose order is challenged
• The case number
• The date of the order
• The nature of the order (whether it allowed or dismissed the matter, or granted or refused interim relief)

This paragraph is crucial because the SLP is directed specifically against a particular order, and the Supreme Court’s jurisdiction under Article 136 is triggered by that specific order. Vague or incorrect identification of the impugned order can be a ground for rejection of the petition.

3. Paragraph 2 — Question of Law

The question(s) of law is perhaps the most consequential component of the SLP. The Supreme Court, under Article 136, exercises jurisdiction primarily in matters involving substantial questions of law, though its power is not so restricted.

Framing the question of law with precision and clarity is an art that distinguishes skilled AOR practitioners. The question must be:

• Specific and not vague
• Arising directly from the impugned order
• Of general public importance or involving a settled legal principle being violated
• Concisely stated

Courts have consistently held that the SLP is not a forum for mere re-appreciation of evidence. The question of law framing therefore signals to the Court the legal basis on which the petitioner seeks intervention.

4. Paragraph 3 — Declaration under Rule 4(2)

This paragraph contains a mandatory declaration that no other petition seeking leave to appeal has been filed by the petitioner against the same impugned judgment and order.

This prevents abuse of the process through multiple petitions arising from the same order. A false declaration here would amount to contempt of court and professional misconduct. The AOR who settles the petition must independently verify this declaration before it is sworn.

5. Paragraph 4 — Declaration under Rule 6

Rule 6 requires that the annexures filed along with the SLP be true copies of the original pleadings and documents that formed part of the record in the court or tribunal below.

This declaration goes to the authenticity of the material placed before the Supreme Court. It is the duty of the AOR filing the petition to ensure compliance—a responsibility that underscores the pivotal role of the AOR in Supreme Court proceedings.

6. Paragraph 5 — Grounds

The grounds for seeking special leave are the substantive reasons why the petitioner contends that the impugned order requires interference. Grounds must be:

• Legally precise
• Directly related to the impugned order
• Based on errors apparent on the face of the record or errors of law
• Non-repetitive of the question of law (though related to it)

Common grounds include perversity of findings, misapplication of settled law, violation of principles of natural justice, jurisdictional errors, and unconstitutionality of the provision applied.

7. Paragraph 6 — Grounds for Interim Relief

If the petitioner seeks any interim relief—such as a stay of operation of the impugned order—the grounds for such relief must be stated briefly. The classic parameters for interim relief in the Supreme Court mirror those at all levels:

• Prima facie case
• Balance of convenience
• Irreparable injury

The AOR must be cautious not to seek interim reliefs that are not ancillary to the main prayer.

8. Paragraphs 7 and 8 — Main Prayer and Interim Prayer

• Main Prayer: Sets out precisely what the petitioner asks the Supreme Court to do—typically to grant special leave to appeal and thereafter to set aside the impugned order.
• Interim Prayer: Specifies the urgent relief sought pending the hearing.

Both prayers must be carefully tailored to the facts and must not go beyond the jurisdiction of the Court or the scope of the SLP.

9. Endorsements — Advocate, Settlement, and Registrar

Form 28 concludes with:

• Signature of the Advocate for the Petitioner
• ‘Settled by’ endorsement specifying the Advocate who settled the petition (which may be different from the AOR)
• Authentication by the Registrar (Judicial)

The Registrar’s endorsement ‘By the order of the Court’ indicates that the form is filed and processed as per the prescribed procedure. This administrative structure reflects the layered accountability built into Supreme Court proceedings.

Part III: Role of the AOR in SLP Proceedings

An Advocate-on-Record (AOR) holds a unique and privileged position in the Supreme Court of India. Unlike other courts where any enrolled advocate may appear, the Supreme Court requires that all cause titles, filings, and appearances be under the signature of a registered AOR.

In the context of Form 28 and SLP filings, the AOR’s responsibilities include:

The AOR examination tests candidates precisely on these responsibilities—both the theoretical framework and the procedural intricacies of SLP filings form high-weightage topics.

Part IV: Key Distinctions — Civil SLP vs. Criminal SLP

While Form 28 applies to Civil SLPs under Article 136, AOR candidates must note the following distinctions that affect drafting strategy:

Part V: Limitation and Condonation of Delay

The limitation period for filing an SLP is prescribed under Articles 116 and 117 of the Schedule to the Limitation Act, 1963, as modified by Supreme Court Rules.

The Supreme Court retains inherent power to condone delay in appropriate cases, exercising its discretion under Section 5 of the Limitation Act read with the overarching jurisdiction under Article 136.

When a petition is filed beyond the limitation period, it must be accompanied by an application for condonation of delay (I.A.) explaining the reasons for the delay with supporting affidavit.

AOR candidates must be conversant with the principles governing condonation: sufficient cause, no negligence or inaction, and the interest of justice.

Frequently Asked Questions (FAQ) for AOR Examination

The following questions represent high-probability topics drawn from the structure and content of Form 28, as well as the broader procedural and constitutional framework of Special Leave Petitions.

Section A: Constitutional & Jurisdictional Foundations

Q: What is the constitutional basis for filing a Special Leave Petition?

A: The SLP is grounded in Article 136 of the Constitution of India. This Article confers a plenary, discretionary power on the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence, or order passed or made by any court or tribunal in India.

The Supreme Court’s power under Article 136 is not fettered by any limitations or conditions; it is an overriding jurisdiction that sits above all other appellate provisions in the Constitution.

Q: Is the Supreme Court’s jurisdiction under Article 136 an appellate or a supervisory jurisdiction?

A: Article 136 confers an extraordinary appellate jurisdiction, not merely supervisory jurisdiction (which is Articles 226/227 of the High Court’s domain). When the Supreme Court grants special leave and admits the SLP, it converts into a regular appeal and the Court can examine the entire record.

However, at the stage of admission, the Court exercises a screening discretion and will not interfere unless a substantial question of law or gross injustice is involved.

Q: Can an SLP be filed against an order of a tribunal? Is Form 28 used for such petitions?

A: Yes. Article 136 explicitly covers tribunals in addition to courts. The phrase ‘any court or tribunal in the territory of India’ is wide enough to cover Appellate Tribunals, National Company Law Appellate Tribunal, Armed Forces Tribunal, and other statutory bodies exercising judicial or quasi-judicial functions.

Form 28 is the prescribed format under Order XVI Rule 4(1)(a) for civil SLPs and applies equally whether the impugned order is from a High Court or a Tribunal.

Q: Can an SLP be filed against an interlocutory order?

A: Yes. The Supreme Court has consistently held that the wide language of Article 136 does not restrict the Court to entertaining only final orders.

An SLP can be filed against an interlocutory order, though the Court exercises considerable restraint in interfering with such orders and ordinarily defers to the High Court’s discretion on interlocutory matters unless the order causes manifest injustice or jurisdictional error.

Section B: Form 28 — Specific Provisions

Q: What is the significance of Paragraph 3 of Form 28—the Declaration under Rule 4(2)?

A: Paragraph 3 requires the petitioner to declare that no other petition seeking leave to appeal has been filed against the same impugned judgment and order.

This declaration serves the important function of preventing multiplicity of proceedings and ensures that the petitioner does not simultaneously or previously seek the same relief from the Supreme Court through different petitions.

A breach of this declaration is a serious matter, amounting to suppression of material fact and constituting contempt of court.

Q: What is the purpose of the Declaration under Rule 6 in Paragraph 4 of Form 28?

A: The Declaration under Rule 6 certifies that the annexures filed along with the SLP are true copies of the pleadings and documents that formed part of the record in the court or tribunal below.

This is a critical safeguard: the Supreme Court’s review under Article 136 is based on the record as it existed before the lower forum, and placing fabricated or altered documents would be a fraud on the Court. The AOR filing the petition bears personal responsibility for verifying this declaration.

Q: Why is precise framing of the ‘Question of Law’ in Paragraph 2 so important in an SLP?

A: The Supreme Court’s intervention under Article 136 is not intended to be a third tier of fact-finding. The framing of the question of law signals the legal basis on which the Court’s extraordinary jurisdiction is invoked and helps the Court determine at the admission stage whether the case merits leave. A poorly framed question of law may result in the SLP being dismissed at the threshold.

Moreover, once leave is granted, the scope of the appeal is ordinarily confined to the questions of law as framed, making precision at the drafting stage essential.

Q: Who settles an SLP, and what is the ‘Settled by’ endorsement in Form 28?

A: An SLP may be drafted and settled by any Advocate, but it must be filed by and under the signature of an Advocate-on-Record (AOR).

When the SLP is settled (i.e., drafted and finalized) by an Advocate other than the AOR, that Advocate’s name is noted in the ‘Settled by’ endorsement at the end of Form 28.

This practice is common where senior advocates or specialist counsel draft the petition, while the AOR takes responsibility for its filing and procedural compliance.

Q: What is the role of the Registrar (Judicial) in Form 28?

A: The Registrar (Judicial) authenticates Form 28 with the endorsement ‘By the order of the Court.’ This signifies that the petition has been received, numbered, and processed in accordance with the Supreme Court Rules and Office Procedure.

The Registrar also plays a role in scrutinizing the petition for formal defects at the time of filing, and matters that do not meet the procedural requirements may be returned for rectification before being listed before the Court.

Section C: Procedural and Practical Aspects

Q: What documents must be annexed with an SLP filed in Form 28?

A: The standard annexures for an SLP include:

• A certified copy of the impugned judgment or order
• Copies of all orders passed in the proceedings before the court or tribunal below
• The pleadings (plaint, written statement, etc.) from the court below
• Any interim orders if interim relief is sought
• An affidavit in support of the petition

All annexures must be legible, properly paginated, and consistent with the declaration made under Rule 6 in Paragraph 4 of the form.

Q: What is the period of limitation for filing a Civil SLP, and what happens if it is filed after the prescribed period?

A: For a civil SLP against a final order of a High Court, the limitation period is 90 days. For an SLP against an interlocutory order, it is 60 days.

If the petition is filed beyond this period, it must be accompanied by an application (Interlocutory Application) for condonation of delay under Section 5 of the Limitation Act, 1963, with an affidavit explaining sufficient cause for the delay.

Q: What is the difference between an SLP and a Civil Appeal by Special Leave?

A: An SLP is the petition filed at the pre-admission stage seeking leave of the Supreme Court to file an appeal. If the Court is satisfied that the case merits interference, it grants leave, converting the SLP into a Civil Appeal by Special Leave.

Once the appeal is admitted, the matter proceeds on the same footing as a regular civil appeal before the Supreme Court.

Q: Can the Supreme Court grant interim relief at the SLP stage, even before granting leave?

A: Yes. The Supreme Court has the power to grant interim relief including stay of operation of the impugned order at the SLP stage, even before formally granting leave to appeal.

This is an exercise of the Court’s inherent power and its jurisdiction under Article 136 read with Order XXXIX of the Code of Civil Procedure as made applicable by the Supreme Court Rules.

Q: What is the procedure if an SLP is dismissed at the admission stage?

A: If an SLP is dismissed at the admission stage (i.e., leave is refused), the order does not merge with the impugned order below on the merits.

The Supreme Court’s dismissal in limine is not a pronouncement on the correctness of the impugned order—it simply means the Court declined to exercise its discretion to interfere.

This is a settled principle that prevents the doctrine of merger from applying in such cases.

Section D: AOR-Specific Duties and Ethics

Q: What are the special duties of an AOR when filing an SLP under Form 28?

A: The AOR bears comprehensive responsibilities:

• Verifying that all declarations in Form 28 are accurate and not misleading
• Ensuring the petition is filed within limitation or accompanied by a proper delay condonation application
• Confirming that annexures are true copies of the record below
• Complying with the Supreme Court Rules, Office Procedure, and any applicable Practice Directions
• Exercising independent professional judgment as to the merits of the petition before filing it

The AOR cannot merely rubber-stamp a petition settled by another advocate—personal accountability attaches to filing.

Q: Can an AOR file an SLP if the petitioner is not present or has not personally verified the petition?

A: No. The SLP must be accompanied by an affidavit sworn by the petitioner or an authorized person on behalf of the petitioner, verifying the contents of the petition.

The AOR cannot substitute their own oath for that of the petitioner. Where the petitioner is a body corporate or institution, an authorized officer must swear the affidavit.

Q: What are the consequences of making a false declaration in Form 28?

A: A false declaration constitutes a grave professional and legal violation. The consequences can include:

• Dismissal of the SLP with costs
• Initiation of contempt of court proceedings against the petitioner and potentially the AOR
• Disciplinary proceedings before the Bar Council
• In serious cases, criminal liability for perjury or fraud upon the court

Q: Is a memo of appearance separately required when an AOR files an SLP?

A: Yes. In addition to the SLP in Form 28, the AOR must also file a Vakalatnama (power of attorney from the client) and a Memo of Appearance.

The Memo of Appearance identifies the AOR as the lawyer on record for the petitioner. This is distinct from the SLP itself. The AOR’s registration number must appear on all court documents, and only an AOR can file and appear as counsel on record before the Supreme Court.

Quick Reference: Key Paragraphs of Form 28

Note for AOR Candidates

This guide is prepared for educational purposes to assist candidates preparing for the AOR Examination conducted by the Supreme Court of India. The content is based on the Supreme Court Rules, 2013, Order XVI, and established judicial practice.

Candidates are advised to supplement this guide with:

• A thorough reading of the Supreme Court Rules, 2013
• The Handbook for AOR Examination issued by the Supreme Court
• Leading judgments on the scope of Article 136 jurisdiction

The AOR examination rewards not just knowledge of forms and procedure, but the ability to apply them with professional judgment and ethical responsibility.

FAQs on Form 28 & Special Leave Petition (SLP)

AOR Examination Guide

By Adv. Vikas Pandey, Advocate, Supreme Court of India

Section 1: Constitutional & Jurisdictional Basics

1. What is a Special Leave Petition (SLP)?

A Special Leave Petition (SLP) is an extraordinary legal remedy that allows a party to approach the Supreme Court under Article 136 of the Constitution of India against any judgment, order, or decree passed by any court or tribunal in India.

2. What is the constitutional basis of an SLP?

The constitutional basis lies in Article 136, which grants the Supreme Court wide discretionary powers to grant leave to appeal in appropriate cases.

3. Is Article 136 jurisdiction appellate or supervisory?

It is an extraordinary appellate jurisdiction, not supervisory. Once leave is granted, the SLP becomes a regular appeal.

4. Can an SLP be filed against tribunal orders?

Yes. Article 136 covers both courts and tribunals, including bodies like NCLAT, AFT, and other quasi-judicial authorities.

5. Can an SLP be filed against interlocutory orders?

Yes, although the Supreme Court exercises restraint and interferes only in cases of grave injustice or jurisdictional error.

Section 2: Form 28 – Structure & Drafting

6. What is Form 28 in Supreme Court practice?

Form 28 is the prescribed format under Order XVI Rule 4(1)(a) of the Supreme Court Rules, 2013 for filing Civil SLPs.

7. What are the key components of Form 28?

• Cause Title
• Impugned Order (Para 1)
• Questions of Law (Para 2)
• Declarations (Paras 3 & 4)
• Grounds (Para 5)
• Interim Relief (Para 6)
• Main & Interim Prayers (Paras 7 & 8)

8. Why is Paragraph 1 (Impugned Order) important?

It precisely identifies the order being challenged. Any ambiguity may lead to dismissal of the SLP.

9. Why is framing the “Question of Law” critical?

It determines whether the Supreme Court will entertain the SLP. The Court primarily intervenes in substantial questions of law, not factual disputes.

10. What is the significance of Declaration under Rule 4(2)?

It confirms that no prior SLP has been filed against the same order. False declaration may lead to contempt proceedings.

11. What does Declaration under Rule 6 ensure?

It certifies that annexures are true copies of the original record, ensuring authenticity.

12. What should be included in “Grounds”?

• Legal errors
• Perversity of findings
• Violation of natural justice
• Jurisdictional mistakes

13. What is the difference between Main Prayer and Interim Prayer?

• Main Prayer: Final relief (e.g., setting aside order)
• Interim Prayer: Temporary relief (e.g., stay of order)

Section 3: Procedure & Practice

14. What documents must be annexed with an SLP?

• Certified copy of impugned order
• Pleadings from lower court
• Relevant interim orders
• Supporting affidavit

15. What is the limitation period for filing an SLP?

• 90 days (final order of High Court)
• 60 days (interlocutory order)

16. What if the SLP is filed after limitation?

It must be accompanied by a Delay Condonation Application under Section 5 of the Limitation Act.

17. What happens after filing an SLP?

• Court may issue notice
• Grant interim relief
• Dismiss at admission stage
• Grant leave → converts into Civil Appeal

18. Can interim relief be granted at SLP stage?

Yes, the Supreme Court may grant stay or interim orders even before granting leave.

19. What happens if an SLP is dismissed in limine?

The doctrine of merger does not apply. The lower court’s order remains intact.

Section 4: AOR Role & Responsibilities

20. Who can file an SLP in the Supreme Court?

Only an Advocate-on-Record (AOR) is authorized to file and act in Supreme Court proceedings.

21. What are the duties of an AOR in SLP filing?

• Verify declarations
• Ensure limitation compliance
• Authenticate annexures
• Follow Supreme Court Rules
• Take professional responsibility

22. Can an SLP be filed without affidavit?

No. It must be supported by a sworn affidavit by the petitioner or authorized person.

23. What is the “Settled by” endorsement?

It indicates the advocate who drafted the SLP, even if different from the AOR filing it.

24. What is the role of the Registrar (Judicial)?

The Registrar scrutinizes and processes the petition and authenticates it with
“By the order of the Court.”

25. What are consequences of false declarations in Form 28?

• Dismissal of petition
• Contempt of court
• Bar Council disciplinary action
• Possible criminal liability

Section 5: AOR Examination Focus

26. Why is Form 28 important for AOR Exam?

It is a high-weightage drafting topic, testing both procedural knowledge and practical application.

27. What skills are tested in SLP drafting?

• Legal drafting precision
• Understanding of Article 136
• Procedural compliance
• Professional ethics

28. What are common mistakes in AOR exam drafting?

• Poorly framed questions of law
• Missing declarations
• Repetition in grounds
• Improper prayers

29. How should candidates prepare for SLP drafting?

• Practice Form 28 drafting regularly
• Study Supreme Court Rules, 2013
• Analyze real SLP filings
• Focus on clarity and brevity

30. What is the key to scoring high in AOR drafting paper?

Precision + Structure + Legal Clarity + Compliance with Rules

Quick Tip for AOR Aspirants

Mastering Form 28 is not just about passing the exam — it is about building real Supreme Court practice skills.

About the Author

Adv. Vikas Pandey
Advocate, Supreme Court of India
(Expert in AOR Examination Guidance & Supreme Court Practice)

© Educational Resource for AOR Examination Preparation