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Distinguishing Between Dismissals of Special Leave Petitions and Appeals in India

Understanding the Distinction Between Dismissals of Special Leave Petitions and Appeals

When the Supreme Court of India dismisses a Special Leave Petition (SLP) under Article 136 of the Constitution with the phrase "dismissed," it conveys a different legal implication than when an appeal under Article 133 is dismissed with the same wording. This article aims to clarify the differences between these two judicial phrases as pronounced by the Honorable Supreme Court.

1. "SLP DISMISSED" (Article 136 of the Constitution)

A Special Leave Petition is submitted to the Supreme Court under Article 136, seeking permission to appeal due to a substantial question of law of public or general importance. When the Supreme Court states that the "special leave petition is dismissed," it indicates the Court has not evaluated the legality or correctness of the underlying order from which the appeal is sought. Rather, it suggests that the Court does not find the case appropriate for its jurisdiction under Article 136.

Key points regarding the dismissal of an SLP include:

  • The doctrine of merger does not apply in this context.
  • A dismissal of an SLP does not equate to an affirmation of the lower court's order or judgment.
  • Importantly, a dismissed SLP cannot be considered as law established by the Supreme Court, meaning it does not bind lower courts or authorities.

2. "APPEAL IS DISMISSED" (Article 133 of the Constitution)

In contrast, when the Supreme Court dismisses an appeal under Article 133, it signifies that the Court has upheld the decision made by the High Court or Tribunal from which the appeal originated. Even when the dismissal occurs through a non-speaking order, the doctrine of merger becomes relevant.

Key implications include:

  • The order of the High Court merges with the Supreme Court's order upon dismissal.
  • This merged order is binding on all lower courts and authorities throughout the country.

Conclusion

Understanding the differences between the dismissal of a Special Leave Petition and an appeal is crucial for legal practitioners and parties involved in litigation. Each phrase carries distinct legal consequences that impact the applicability of law and the binding nature of court orders on lower courts and authorities.