Mastering FORM 28 – A Special Leave Petition under Article 136

For any litigator aspiring to become an Advocate-on-Record (AOR) in the Supreme Court of India, mastering the art of drafting a Special Leave Petition (SLP) is non-negotiable.

The gateway to the Supreme Court’s discretionary jurisdiction under Article 136 is governed by the Supreme Court Rules, 2013.

At the heart of this process lies FORM 28, prescribed under Order XVI Rule 4(1)(a) . This form is not merely a template; it is a strategic document that must convince the Court to exercise its extraordinary jurisdiction.

This article dissects FORM 28, providing a clause-by-clause analysis to help AOR aspirants understand the nuances of drafting, the underlying legal principles, and the common pitfalls to avoid.

Part I: The Anatomy of FORM 28

FORM 28 is divided into distinct sections, each serving a specific procedural and substantive purpose. An AOR must treat this form as a cohesive narrative rather than a mere checklist.

1. The Caption and Cause Title

The first section of the form requires meticulous identification of the parties and the forum.

  • Jurisdictional Citation: The form begins with “IN THE SUPREME COURT OF INDIA” followed by “CIVIL APPELLATE JURISDICTION.” Candidates must note that an SLP can also be filed under Criminal, Tax, or other jurisdictions. Selecting the correct jurisdiction is the first step to procedural competence.
  • Position of Parties: The columns (A to F) are designed to reflect the status quo of the parties in the court below.
  • Critical Point: The petitioner in the SLP is the party who was aggrieved by the decision of the High Court or Tribunal. If the petitioner was the original plaintiff/respondent, the caption must clearly state “Petitioner/Respondent” or “Petitioner/Appellant” to maintain the continuity of the record.
2. The Preamble: Invoking the Discretion

The petition is addressed to “Hon’ble the Chief Justice of India and His Companion Judges.” The phrase “most respectfully showeth” is a traditional convention of legal drafting. The AOR must remember that an SLP is not an appeal as of right; it is a plea for the exercise of discretionary power. The drafting must reflect this humility and the exceptional nature of the case.

Part II: The Substantive Core of the Petition

Clause 1: The Impugned Order

This clause must specify the court or tribunal against whose order the leave is sought. AOR aspirants must learn to be precise.

  • What to include: The full designation of the forum (e.g., High Court of Judicature at Bombay), the case number (e.g., Writ Petition No. 1234 of 2023), the date of the judgment, and the nature of the order (e.g., “dismissing the appeal,” “allowing the writ petition”).
  • Common Mistake: Vagueness. The Supreme Court registry is strict; any ambiguity regarding the impugned order can lead to the petition being “objected to” and returned for refiling.
Clause 2: Questions of Law

This is arguably the most critical substantive part of the petition. The Supreme Court grants leave only if there is a substantial question of law or a grave miscarriage of justice.

  • Drafting Strategy: Questions must be precise, concise, and self-contained. They should arise from the facts and findings of the courts below.
  • Poor Drafting: “Whether the judgment of the High Court is legal and valid?”
  • Effective Drafting: “Whether the High Court was justified in reversing the finding of fact recorded by the Trial Court on the issue of limitation, ignoring the documentary evidence (Exhibit P-12) which conclusively established the cause of action arose within the prescribed period?”
  • AOR Examination Tip: The examiner looks for the ability to identify the ratio decidendi of the lower court and frame a question that exposes its legal infirmity.
Clause 3: Declaration under Rule 4(2)

This is a mandatory statutory declaration. The petitioner (through the AOR) certifies that no other SLP has been filed against the same impugned judgment.

  • Importance: This is a safeguard against the abuse of process. Filing multiple SLPs against the same order is prohibited. An AOR must verify this fact with absolute certainty.
Clause 4: Declaration under Rule 6

This declaration certifies that the annexures (pleadings, judgments, exhibits) are true copies of the documents forming part of the record of the court below.

  • Duty of the AOR: This is where the AOR takes responsibility for the authenticity of the record. The examination often tests whether a candidate knows that annexures must be certified copies or true copies compared with the original by the AOR.
Clause 5: Grounds for Leave

This is the heart of the petition. Unlike Clause 2 (Questions of Law), which are abstract, the Grounds are the specific reasons why the Court should grant leave.

  • Structure: Each ground should be numbered and begin with “Because…”
  • Content: Grounds must flow from the Questions of Law. They should pinpoint the error in the impugned judgment—whether it is a jurisdictional error, a perverse finding of fact, a violation of natural justice, or an error of law apparent on the face of the record.
  • Strategy: Brevity and clarity are key. The grounds should be persuasive, highlighting the gross injustice that would result if leave is not granted.
Clause 6 & 8: Interim Relief
  • Clause 6 (Grounds for Interim Relief): If a stay of operation of the impugned order is sought, the AOR must demonstrate prima facie case, balance of convenience, and irreparable injury.
  • Clause 8 (Interim Prayer): This contains the specific interim order sought (e.g., “Stay the operation of the impugned judgment dated…”). AOR aspirants must note that interim relief cannot be claimed in the main prayer; it is a separate, distinct request.
Clause 7: Main Prayer

This is the ultimate relief sought. It is typically a two-step prayer:

  1. Grant special leave to appeal against the impugned judgment.
  2. After granting leave, allow the appeal and set aside the impugned judgment (or pass such other order as the Court deems fit).

Part III: The Procedural Formalities

The Signature Block
  • Advocate for the Petitioner: The filing AOR must sign and place their stamp here.
  • Settled by: If the petition is drafted by a senior advocate or a different advocate, their name must be specified. In the AOR examination, the candidate often acts as the “settling advocate,” demonstrating drafting skill.
  • By the Order of the Court / Registrar (Judicial): This space is for the Court’s administrative use. A candidate must know that an SLP is typically filed in the Registry, and after scrutiny, the Registrar (Judicial) allots the number and lists it before the Court.

FAQs on AOR Examination – Special Leave Petition (Form-28)

Q1. What is Form-28 in the Supreme Court practice?

Form-28 is the prescribed format used for filing a Special Leave Petition (SLP) under Article 136 of the Constitution of India in the Supreme Court of India. It is a crucial drafting component tested in the AOR Examination.

Q2. Under which provision is the SLP filed?

An SLP is filed under Article 136 of the Constitution of India, which grants discretionary power to the Supreme Court to allow appeals against any judgment, decree, or order.

Q3. Which rule governs Form-28?

Form-28 is governed by Order XVI Rule 4(1)(a) of the Supreme Court Rules.

Q4. What are the essential components of an SLP (Form-28)?

The key components include:

  • Cause Title (Parties details)
  • Jurisdiction clause
  • Questions of Law
  • Declarations under Rules 4(2) & 6
  • Grounds of Appeal
  • Grounds for Interim Relief
  • Main Prayer
  • Interim Prayer
Q5. Why is “Question of Law” important in an SLP?

The “Question of Law” is the foundation of an SLP, as the Supreme Court primarily entertains matters involving substantial questions of law.

Q6. What is the significance of the declaration under Rule 4(2)?

It ensures that no other SLP has been filed against the same impugned order, preventing duplication of proceedings.

Q7. What does the declaration under Rule 6 signify?

It certifies that the annexures attached are true copies of the original records from the lower court/tribunal.

Q8. What should be included in the “Grounds” section?

The “Grounds” must:

  • Be precise and concise
  • Highlight errors in the impugned order
  • Demonstrate miscarriage of justice or legal infirmity
Q9. What is the difference between “Main Prayer” and “Interim Relief”?
  • Main Prayer: Final relief sought (e.g., setting aside the impugned judgment)
  • Interim Relief: Temporary relief pending final disposal (e.g., stay of order)
Q10. Why is drafting of SLP important for the AOR Exam?

Drafting an SLP tests a candidate’s:

  • Understanding of Supreme Court procedure
  • Ability to frame legal questions
  • Precision in legal drafting
Q11. Who settles the SLP draft?

The SLP is usually settled by an Advocate-on-Record (AOR) or a senior advocate, whose name is mentioned in the draft.

Q12. To whom is the SLP addressed?

The petition is addressed to:
“Hon’ble the Chief Justice of India and His Companion Judges of the Supreme Court of India.”

Q13. What is the role of an Advocate-on-Record (AOR) in SLP filing?

Only an AOR is authorized to:

  • File the SLP
  • Act and plead on behalf of the party
  • Ensure compliance with Supreme Court Rules
Q14. What are common mistakes students make in AOR drafting exams?
  • Improper framing of questions of law
  • Lack of clarity in grounds
  • Missing mandatory declarations
  • Poor structuring of prayers
Q15. How can one improve SLP drafting for the AOR exam?
  • Practice previous years’ papers
  • Study Supreme Court Rules thoroughly
  • Focus on concise legal drafting
  • Analyze real SLP filings

Conclusion: Why FORM 28 Matters for the AOR Examination

The AOR examination is not just about memorizing rules; it is about demonstrating the ability to translate a client’s grievance into a legally cognizable petition. FORM 28 is the vehicle for that translation.

Examiners assess candidates on:

  1. Accuracy: Correct citation of provisions (Order XVI Rule 4(1)(a) of the Supreme Court Rules, 2013).
  2. Clarity: The ability to frame precise questions of law and grounds.
  3. Completeness: Ensuring all declarations and annexures are in order.
  4. Ethics: Understanding the responsibility of certification under Rules 4(2) and 6.

A well-drafted FORM 28 reflects not just the merits of the case, but the competence and diligence of the AOR. For any candidate aspiring to practice in the Supreme Court, mastering this form is the first step toward building a robust practice in the highest court of the land