<h4>Context: SC Prioritising SLPs Disposal</h4><p>The <strong>Supreme Court (SC)</strong> has initiated a strategy to prioritise the hearing of <strong>Special Leave Petitions (SLPs)</strong>. This move aims to significantly reduce the substantial burden of new cases filed annually, alongside addressing the existing backlog.</p><p>As of <strong>December 2024</strong>, the <strong>Supreme Court</strong> faces a backlog of over <strong>82,000 cases</strong>. This pressing situation has prompted the <strong>Chief Justice of India (CJI)</strong> to implement proactive measures like this prioritisation.</p><div class='exam-tip-box'><p><strong>UPSC Insight:</strong> This initiative reflects the judiciary's efforts towards judicial reforms and efficiency, a crucial topic for <strong>GS Paper II (Polity and Governance)</strong>. Understanding the reasons for backlog and proposed solutions is key.</p></div><h4>What is a Special Leave Petition (SLP)?</h4><p>A <strong>Special Leave Petition (SLP)</strong> is a unique and <strong>discretionary appeal mechanism</strong> provided under <strong>Article 136</strong> of the <strong>Constitution of India</strong>. It allows the <strong>Supreme Court</strong> to grant special leave to appeal against any judgment, decree, determination, sentence, or order passed by any court or tribunal in India.</p><div class='info-box'><p><strong>Key Fact:</strong> <strong>SLPs</strong> are <strong>not applicable</strong> to judgments or orders passed by <strong>Armed Forces Tribunals</strong>.</p></div><h4>Origin of Special Leave</h4><p>The concept of <strong>“special leave”</strong> has historical roots, tracing back to the <strong>Government of India Act, 1935</strong>. This Act recognised the prerogative of the highest court to grant special leave for appeals, a principle later enshrined in the Indian Constitution.</p><h4>Key Features of SLPs</h4><p><strong>SLPs</strong> represent an <strong>extraordinary jurisdiction</strong> of the <strong>Supreme Court</strong>. They are crucial in cases where no direct right to appeal exists, ensuring that justice can still be sought in exceptional circumstances.</p><ul><li>It is granted <strong>solely at the discretion</strong> of the <strong>Supreme Court</strong>. The Court may choose to deny leave without providing specific reasons.</li><li>This mechanism is applicable to a wide range of legal matters, covering both <strong>civil and criminal cases</strong>.</li></ul><div class='key-point-box'><p><strong>Important Concept:</strong> The discretionary nature of <strong>SLPs</strong> underscores the <strong>Supreme Court's</strong> role as the ultimate guardian of the Constitution and justice, allowing it to intervene in matters of significant public importance or grave injustice.</p></div><h4>Related Judicial Review Mechanisms: Curative Petitions</h4><p>While distinct from <strong>SLPs</strong>, <strong>Curative Petitions</strong> represent another layer of judicial review within the <strong>Supreme Court</strong>, typically filed after a review petition has been dismissed. The bench considering a curative petition may take specific actions.</p><h5>Role of Amicus Curiae</h5><p>During the consideration of a <strong>curative petition</strong>, the bench has the discretion to appoint a <strong>senior counsel</strong> to assist as an <strong>amicus curiae</strong> (friend of the court). This ensures comprehensive legal assistance and impartial advice in complex matters.</p><h5>Cost Implications</h5><p>If the bench determines that a <strong>curative petition</strong> lacks merit and is vexatious (filed without sufficient reason and intended to cause annoyance), it holds the power to impose <strong>exemplary costs</strong> on the petitioner. This discourages frivolous litigation.</p><h5>Judicial Discretion in Curative Petitions</h5><p>The <strong>Supreme Court</strong> strongly emphasises that <strong>curative petitions</strong> should be considered <strong>rare</strong> and reviewed with utmost <strong>caution</strong>. This approach is vital to maintain the sanctity and integrity of the overall judicial process, ensuring finality in judgments.</p>