Story 4 of 12 · 29 Oct
GS2 · Polity · Judiciary

Too many special leave petitions burden the Supreme Court

In 30 seconds

The Supreme Court has more than 96,000 pending cases, even after its strength was raised from 34 to 38 judges in May. A big reason is special leave petitions (SLPs): appeals the Court may choose to hear, which now make up about 80% of fresh filings. Read it to revise Article 136, the Court’s jurisdiction and ideas to cut the load without shutting the door to justice.

Fact File

Pending cases
More than 96,000
Judges
38 (raised from 34 in May)
Load per judge
About 2,500 cases
SLP share
About 80% of fresh filings
The central wing of the Supreme Court of India, New Delhi
In the news

Special leave petitions: what is the problem?

A top court is meant to settle big questions of law for the whole country. When it spends most of its time on ordinary appeals, those big questions wait.

  • The Supreme Court has more than 96,000 pending cases, about 2,500 per judge, as per the National Judicial Data Grid.
  • Its strength was raised from 34 to 38 judges in May, but cases keep piling up.
  • Special leave petitions are about 80% of fresh filings.
  • Experts say clearer filters are needed, without shutting the door to justice.
  • By comparison, the United States Supreme Court hears about 70–80 cases a year, and the United Kingdom’s Supreme Court granted 45 of 207 requests in 2025-26.
Back Story

What is a special leave petition?

Article 136 gives the Supreme Court a special power: it may grant ‘special leave’ (permission) to appeal against any judgment or order of any court or tribunal in India, except military tribunals.

This power is discretionary, which means the Court may or may not hear the appeal. It was meant for exceptional cases where grave injustice or an important legal question is involved.

In the Constituent Assembly, H V Pataskar said India needed a “fountainhead of all justice” in place of the King, to whom appeals once went. Over time, however, SLPs became a routine second or third appeal.

Parliament decides the number of judges by law under Article 124. The Supreme Court (Number of Judges) Act, 1956 has been amended many times to raise the number.

How it works

Main jurisdictions of the Supreme Court

TypeArticleWhat it covers
OriginalArticle 131Disputes between Centre and States, or between States
WritArticle 32Enforcing Fundamental Rights
AppellateArticles 132–134Appeals in constitutional, civil and criminal cases
Special leaveArticle 136Discretionary appeal from any court or tribunal
Rulebook

Which laws and Articles apply?

  • Article 124: composition of the Supreme Court; Parliament fixes the number of judges.
  • Article 136: special leave to appeal (discretionary).
  • Article 137: review of its own judgments; curative petition created in Rupa Ashok Hurra case (2002).
  • Article 142: power to pass any order for ‘complete justice’.
Why examiners care

Why does special leave petitions matter?

AngleWhat to note
BacklogOver 96,000 pending cases delay justice.
Role of the CourtA constitutional court should focus on key questions of law.
AccessPoor litigants see the SLP as their last hope.
ReformFilters must be fair and clear.
Fault Lines

What are the problems with special leave petitions?

  • SLPs have become a routine appeal, not an exceptional remedy.
  • Government is the biggest litigant and appeals too often.
  • Adding judges alone does not cut the backlog.
  • Strict filters could deny justice to poor people.
Road Ahead

What should be done next on special leave petitions?

  • Set clear, published criteria for admitting SLPs.
  • Create regional benches or a National Court of Appeal, as the Law Commission’s 229th Report (2009) suggested.
  • Reduce government appeals through a strong litigation policy.
  • Strengthen High Courts so fewer cases need to go higher.
Exam Radar

What can Prelims ask on special leave petitions?

Prelims probability: Expect a statement question: Article 136 gives the Supreme Court discretionary power to grant special leave to appeal; Parliament decides the number of judges.

  • Article 136: discretionary special leave to appeal; not for military tribunals.
  • Article 124: Parliament decides the number of judges; now 38.
  • Article 131: original jurisdiction (Centre–State and inter-State disputes).
  • Curative petition: Rupa Ashok Hurra v. Ashok Hurra (2002).
  • National Judicial Data Grid tracks pending cases.
Answer Lab

How to write about special leave petitions in Mains

Practice question (15 marks, 250 words): Special leave petitions under Article 136 were meant to be an exceptional remedy but now dominate the Supreme Court’s docket. Examine the problem and suggest reforms.

  • Intro: 96,000+ pending cases; SLPs 80% of filings.
  • Purpose of Article 136 vs present use.
  • Effects: delay, less time for constitutional questions.
  • Reforms: admission criteria, regional benches, government litigation policy, stronger High Courts.
  • Conclusion: filter wisely without closing the door to justice.

Ready lines for your answer

GS-II Judicial reforms

  1. India needed a “fountainhead of all justice” in place of the King (H V Pataskar, Constituent Assembly).
  2. A court that hears everything risks deciding nothing quickly.
Quotable data point

SLPs are about 80% of fresh filings; the Court has more than 96,000 pending cases.

Photo: Subhashish Panigrahi, CC BY-SA 4.0, via Wikimedia Commons

Exam angle

UPSC

Prelims: Articles 124, 131, 136, 137, 142; curative petition. · Mains GS-II: judicial backlog and reforms.

Practice MCQs

Original practice questions (not PYQs).

Practice · UPSC

Consider the following statements:
1. Under Article 136, the Supreme Court is bound to hear every appeal against a High Court judgment.
2. Parliament can increase the number of Supreme Court judges by law.
3. A dispute between two States falls under the Supreme Court's original jurisdiction.
How many of the above statements are correct?

Answer (b) & explanation

Statements 2 and 3 are correct. Article 136 is discretionary: the Court may or may not grant special leave.

Practice · UPSC

The curative petition, a remedy after a review petition is dismissed, was created by the Supreme Court in which case?

Answer (c) & explanation

The Supreme Court created the curative petition in Rupa Ashok Hurra versus Ashok Hurra (2002).

Quick questions

Questions students ask about this

What is a special leave petition?

An appeal under Article 136 that the Supreme Court may choose to hear against any judgment of a court or tribunal, except military tribunals.

How many cases are pending in the Supreme Court?

More than 96,000, about 2,500 per judge.

Who decides the number of Supreme Court judges?

Parliament, by law, under Article 124.

What share of fresh filings are SLPs?

About 80%.