Courts & Appellate Practice
Supreme Court Litigation
The Supreme Court of India is the final court of appeal and a guardian of fundamental rights. Most matters reach it through special leave petitions against judgments of the High Courts and tribunals, writ petitions under Article 32, statutory appeals and transfer petitions.
Matters handled
- Special leave petitions (Article 136)
- Civil and criminal petitions seeking leave to appeal against judgments and orders of High Courts and tribunals. Leave is granted at the Court’s discretion.
- Writ petitions (Article 32)
- Petitions for the enforcement of fundamental rights, including public interest matters.
- Statutory appeals
- Appeals that lie directly to the Supreme Court under particular statutes, for example from the NCLAT, the National Green Tribunal and the National Consumer Disputes Redressal Commission.
- Transfer petitions
- Applications to transfer a case from one State to another, including matrimonial cases — under Section 25 of the Code of Civil Procedure for civil matters, and under the BNSS for criminal matters.
- Review and curative petitions
- Review of the Court’s own judgment under Article 137, and the narrow curative remedy recognised in Rupa Ashok Hurra v. Ashok Hurra (2002).
- Interlocutory applications
- Applications for stay, interim relief, condonation of delay and directions during a pending matter.
- Contempt petitions
- Proceedings for wilful disobedience of the Court’s orders.
How proceedings typically run
- Review of the judgment and limitation A special leave petition is ordinarily filed within 90 days of the judgment, or within 60 days of an order refusing a certificate of fitness to appeal. A delayed petition needs an application for condonation of delay.
- Drafting The petition is prepared with a synopsis and list of dates, the questions of law, grounds and the documents relied on.
- Filing Under the Supreme Court Rules, 2013, a matter is filed through an Advocate-on-Record. Other advocates appear and argue on the Advocate-on-Record’s instructions.
- Scrutiny and listing The Registry examines the filing; defects are cured and the matter is listed.
- Preliminary hearing The Court may issue notice to the other side, grant interim relief, or dismiss the petition at this stage.
- Pleadings and final hearing After the counter-affidavit and rejoinder, leave may be granted and the matter heard as an appeal.
Documents usually needed
- The judgment or order challenged, and a certified copy (or an application for exemption)
- Orders and judgments of the courts below
- Relevant pleadings, evidence and annexures
- English translations of documents in other languages
- Vakalatnama and affidavits
Please do not send original documents or confidential material through this website. Documents are reviewed only after the chamber has agreed to consider a matter.
Common questions
Is a special leave petition an appeal as of right?
No. Article 136 gives the Supreme Court discretion to grant special leave to appeal. If leave is granted, the matter proceeds as an appeal.
What is the time limit for a special leave petition?
Ordinarily 90 days from the date of the judgment, or 60 days from an order refusing a certificate of fitness. The Court may condone delay where sufficient cause is shown.
Who can file a matter in the Supreme Court?
Filing is done through an Advocate-on-Record, an advocate registered with the Supreme Court for that purpose. A party may also appear in person, subject to the Rules.
Related areas
General information only, not legal advice. The law stated is subject to change; reviewed by Hanmat Lodhi Advocate.
Professional enquiries
Contact the chamber
Enquiries are received by telephone and at the chamber. Please do not send confidential documents through this website or social media.