Between the decision to approach the Supreme Court and the first hearing of a special leave petition lies a stage that decides more matters than is commonly appreciated: preparation of the paper-book and its scrutiny by the Registry. The Supreme Court Rules, 2013 prescribe the form and contents of an SLP with some precision, and the Registry applies those requirements strictly. A petition that is well drafted but badly compiled will be returned under objections; one whose defects are never cured may never be heard at all. This explainer describes what an SLP paper-book actually contains and how it gets past the Registry.
The anatomy of the petition
An SLP is not a free-form document. The Rules and long-settled office practice give it a fixed architecture, and the Registry checks each component:
1. Synopsis and list of dates
The paper-book opens with a synopsis — a compressed, neutral narrative of the controversy — followed by a chronological list of dates and events. Together they let a Judge grasp the case before reading a single annexure. The list of dates must be accurate against the record; discrepancies here are treated seriously.
2. Questions of law
The petition then formulates the questions of law said to arise. These should be genuine questions emerging from the impugned judgment, framed crisply, not rhetorical complaints about the result.
3. Declaration
The petitioner declares that no other petition seeking leave to appeal against the impugned judgment has been filed by or on behalf of the petitioner. This declaration guards against multiple petitions and bench-hunting, and a false declaration has consequences.
4. Grounds
The grounds set out why leave should be granted. The Rules expect grounds without argumentative repetition — each ground a distinct legal point, not the synopsis rewritten in an indignant register. Grounds not taken below are vulnerable unless they go to jurisdiction or are pure questions of law.
5. Prayer and interim relief
The petition closes with the main prayer — leave to appeal and setting aside of the impugned judgment — and a separate prayer for interim relief, such as stay of operation of the judgment or of consequential proceedings, with the grounds for interim protection stated.
The record: impugned judgment and annexures
The petition must be accompanied by a certified copy of the impugned judgment or order, or a copy of the kind the Rules permit with the appropriate application where a certified copy is awaited. Where the High Court affirmed lower court decisions, the orders of the courts below are annexed as well, so that the Supreme Court has the complete decisional chain.
The annexures follow a strict discipline: they must be documents that were part of the record of the courts below — pleadings, key documentary exhibits, relevant orders. An SLP is a challenge to a judgment on the record that produced it; it is not an occasion to build a fresh record. Material outside the record can be brought in only with the permission of the Court, sought by a specific application. Every annexure is indexed, paginated continuously, and referenced in the list of dates and grounds, and documents not in English must be accompanied by official translations.
The petition is supported by an affidavit of the petitioner or an authorised person, verifying the facts stated. Court fee as prescribed for the category of matter is paid on the petition and on the applications accompanying it, and the prescribed number of copies is lodged for the Court and for service.
The Advocate-on-Record system
Filing in the Supreme Court runs through the Advocate-on-Record (AoR) system. Only an AoR — an advocate who has qualified the examination held by the Court and is registered as such — may file appearances, petitions and applications and act for a party. The AoR accepts the vakalatnama, settles the compliance of the paper-book with the Rules, signs and files the petition, and remains responsible to the Court for the matter. Arguing counsel and senior advocates address the Court, but the procedural spine of the case — filings, defects, service, listing — is the responsibility of the AoR. For a litigant coming up from the Delhi High Court or the District Courts, this means the trial and High Court advocates work in tandem with an AoR at the Supreme Court stage.
Registry scrutiny and defects
Once lodged, the petition is scrutinised by the Registry before it is registered and numbered. Scrutiny is meticulous, and objections — defects — are communicated for curing. Recurring defects include:
- Illegible, dim or truncated annexures, and photocopies that fail the legibility standard;
- Missing official translations of vernacular documents and orders;
- An incomplete set of the impugned judgment and the orders of the courts below;
- Deficient court fee on the petition or accompanying applications;
- Improper index, broken or non-continuous pagination, and annexures not matching the index;
- Defects in the affidavit, vakalatnama or memo of appearance;
- Absence of the declaration regarding earlier petitions, or of applications the petition necessarily requires — for exemption, for permission, or for condonation where limitation has run out.
Defects must be cured within the time allowed by the Registry, or within such extended time as is permitted. The consequences of not curing are serious: generally speaking, a petition whose defects remain unremoved may be treated as not properly filed, or may be listed before the Court for appropriate orders and dismissed for non-prosecution. Long gaps in refiling after defect notification can themselves become a limitation problem, attracting the need to explain the delay in refiling.
After the defects are cured
When scrutiny is complete and defects stand removed, the petition is registered, given its number and listed before the appropriate Bench in accordance with the practice of the Court — ordinarily for preliminary hearing on the question of leave, with any interim prayers considered at that stage. From that point the matter moves into the Article 136 framework: whether leave is granted, and what follows once it is, are separate subjects covered elsewhere on this site, as is condonation of delay where the petition was filed beyond the limitation prescribed.
The practical lesson of the whole stage is unglamorous but real: in Supreme Court practice, the quality of the paper-book is part of the advocacy. A clean, complete, properly paginated petition reaches the Bench faster and reads better when it gets there.
Frequently Asked Questions
Who can file an SLP in the Supreme Court?
Only an Advocate-on-Record can file and act in the Supreme Court on behalf of a party, apart from a party appearing in person with permission. The AoR is registered with the Court after qualifying the prescribed examination, holds the vakalatnama, signs the petition and is answerable to the Court for the filing. Arguing counsel, including senior advocates, appear and argue on the instruction of the AoR.
Can new documents be annexed to an SLP?
Ordinarily, no. Annexures to a special leave petition should be documents that formed part of the record of the courts below. A party who wishes to rely on material that was not before the High Court or the trial court must seek the permission of the Supreme Court through an appropriate application, and such permission is the exception rather than the rule.
What happens if Registry defects are not cured?
The Registry notifies defects and allows time to cure them. If the defects are not removed within the time allowed or extended, the petition does not proceed: generally speaking it may be treated as not filed, or may be placed before the Court and dismissed for non-prosecution. Refiling after long unexplained gaps invites further objections on delay.
What is the limitation for filing an SLP?
An SLP must be filed within the limitation prescribed by law for petitions of that class, computed with reference to the judgment or order challenged. Where the period has expired, an application for condonation of delay explaining each day of the delay must accompany the petition. Condonation of delay in SLPs is discussed separately on this site.