Time Limit for Filing an SLP in the Supreme Court and Condonation of Delay
A Special Leave Petition (SLP) under Article 136 of the Constitution of India is subject to prescribed filing periods. This guide explains the ordinary limitation periods, exclusions, applications for condonation of delay and the Supreme Court's approach to sufficient cause.
1. Legal framework and meaning of the provisions
Article 136 of the Constitution: confers discretionary power on the Supreme Court to grant special leave to appeal from a judgment, decree, determination, sentence or order of a court or tribunal in India, subject to the constitutional exclusion for courts or tribunals constituted under laws relating to the Armed Forces.
Supreme Court Rules, 2013: govern the presentation and registration of SLPs, including limitation, accompanying papers and applications seeking condonation. The applicable provisions and current Registry directions should be checked before filing.
Limitation Act, 1963: Section 4 addresses expiry on a day when the court is closed; Section 5 permits condonation of delay on proof of sufficient cause where applicable; Section 12 governs exclusion of certain time, including time requisite for obtaining a copy; and Section 14 concerns exclusion of time spent bona fide prosecuting proceedings in a court unable to entertain them for jurisdictional or like reasons, subject to its conditions.
2. What is the time limit for filing a Special Leave Petition?
| Situation | Ordinary filing period | Important qualification |
|---|---|---|
| SLP against a judgment or order, where no certificate-refusal route applies | 90 days | Subject to applicable rules, exclusions and special provisions |
| High Court refuses a certificate of fitness to appeal | 60 days from refusal | Check the particular proceeding and applicable rule |
| Filing after expiry of the prescribed period | Application for condonation required | The Court must be satisfied that sufficient cause is shown |
These are the commonly applicable SLP periods. Do not assume that the same period governs every appeal, statutory matter or application. The date of the impugned order, any certificate application, availability of copies and applicable exclusions must be examined together.
3. How is limitation calculated?
- Identify the judgment or order sought to be challenged and its date.
- Check whether a certificate of fitness was sought and refused, and the date of refusal.
- Identify the governing Supreme Court Rule and any special statute.
- Apply the legally permissible exclusion of the relevant day and time requisite for obtaining certified copies, supported by the copy-application and delivery records.
- Check whether the last day falls on a day when the Court is closed and whether Section 4 applies.
- Calculate any remaining delay accurately and explain it with documents.
Section 12: not every period spent waiting or preparing papers is automatically deductible. The expression "time requisite" is applied according to the facts and law. Section 14: does not excuse a wrong forum merely because a litigant pursued it; its statutory conditions, including due diligence and good faith, must be established.
4. Condonation of delay under Section 5 of the Limitation Act
A petition filed after limitation ordinarily requires an application supported by an affidavit setting out sufficient cause for the delay. The Supreme Court may condone delay where the explanation is credible and legally adequate; the power is discretionary and is not a right arising merely because an SLP has been filed.
The explanation should provide a coherent chronology: when the decision was communicated, when certified copies were requested and obtained, when instructions were issued, what impediment prevented timely filing, and when the impediment ceased. Supporting correspondence, medical records or other contemporaneous documents should be annexed where relevant.
The phrase "every day's delay must be explained" does not demand an artificial minute-by-minute account. It does require an explanation covering the material period without unexplained inactivity. Length of delay matters, but the adequacy and bona fides of the reasons are central.
5. How to file an application for condonation of delay
- Prepare the SLP and verify the applicable limitation period.
- Prepare a separate interlocutory application seeking condonation of the precise delay.
- State the dates and reasons chronologically, explaining the whole delay.
- Support material facts by an affidavit and relevant annexures.
- File through the prescribed Supreme Court filing process, ordinarily through an Advocate-on-Record, and comply with Registry objections.
- Request condonation before the Court and respond to any notice issued to the respondent.
The Court may decide the application according to the circumstances, including after hearing the respondent where directed. Condonation is not assured, and filing the application does not itself extend limitation.
6. Important Supreme Court judgments on condonation of delay
Collector, Land Acquisition, Anantnag v. Mst. Katiji, (1987) 2 SCC 107
The Court emphasized a justice-oriented approach to "sufficient cause". It explained that delay does not ordinarily benefit a litigant, that a rigid or pedantic interpretation of day-to-day explanation is inappropriate, and that substantial justice should not be defeated by technicality where the explanation merits acceptance. These principles do not mean that every delay must be excused.
Commissioner of Wealth Tax, Bombay v. Amateur Riders Club, Bombay, 1994 Supp (2) SCC 603
The original article discusses the need for a convincing explanation in government litigation. Institutional file movement and administrative processes are not, by themselves, an automatic justification for a substantial delay. The explanation must be supported by facts.
Union of India v. Visveswaraya Iron and Steel Ltd., 1987 Supp SCC 192
The Court declined to condone a lengthy delay attributed to slow movement through government departments. The case illustrates that routine administrative delay may be insufficient without a satisfactory account of the steps taken.
Office of the Chief Post Master General v. Living Media India Ltd., (2012) 3 SCC 563
The Supreme Court cautioned that government departments do not enjoy a separate limitation period and that bureaucratic delay cannot routinely be accepted without reasonable explanation.
Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649
The Court summarized principles for considering sufficient cause, including bona fides, diligence, prejudice and the need to distinguish genuine impediments from negligence or inaction.
7. Practical drafting checklist
- Correct case title, impugned order and date.
- Correct calculation of prescribed limitation and actual delay.
- Certified copy and proof of application/delivery dates, where relied upon.
- Dates of communication, consultation and instructions to counsel.
- Specific facts explaining each material period of delay.
- Supporting affidavit and authentic documentary evidence.
- Clear prayer for condonation, consistent with the SLP papers.
- Compliance with current Supreme Court filing and e-filing instructions.
8. Official Supreme Court resources
Check the Supreme Court of India official website for the Supreme Court Rules, practice directions, filing instructions and Registry notices. The Supreme Court e-filing information provides filing-related guidance. The India Code portal provides statutory texts, including the Limitation Act, 1963. Always verify the current procedural directions before filing.
9. Frequently asked questions
What is the usual limitation for filing an SLP?
Generally 90 days from the impugned judgment or order, or 60 days from refusal of a certificate of fitness by the High Court, subject to the applicable Supreme Court Rules and statutory computation.
Can delay in filing an SLP be condoned?
Yes. The petitioner must apply for condonation and establish sufficient cause for the delay. Condonation is discretionary, not automatic.
Does every day of delay need to be explained?
The entire period of delay must be explained credibly. Courts assess sufficient cause pragmatically, but unexplained inactivity and routine administrative delay can justify refusal.
Does obtaining a certified copy affect limitation?
Time properly required to obtain a copy may be excluded under Section 12 of the Limitation Act, where applicable. Dates and supporting proof must be checked in each case.
Related case-law references
Legal information only. Limitation calculations depend on the particular order, governing rule, relevant dates and judicial directions. Updated: 1 November 2026.