The Supreme Court of India is the country’s highest judicial court. A person aggrieved by a judgment or order of a High Court or another court or tribunal may, subject to the applicable constitutional and statutory provisions, have a remedy before the Supreme Court.
This guide provides general information about approaching the Supreme Court, including Special Leave Petitions, statutory appeals, limitation periods, necessary documents, interim relief and the different stages of proceedings.
Not every judgment or order can be challenged before the Supreme Court as a matter of right. The appropriate remedy depends upon the nature of the case, the jurisdiction exercised by the court or tribunal concerned and the applicable law.
Understanding Your Remedies Before the Supreme Court
A person considering proceedings before the Supreme Court should first understand the nature of the judgment or order proposed to be challenged, the remedy available under law and the applicable procedural requirements.
The Supreme Court exercises different kinds of jurisdiction under the Constitution of India and various statutes. Depending upon the circumstances, proceedings may involve a Special Leave Petition, a statutory or constitutional appeal, a writ petition, or a transfer petition. These remedies have different conditions and are not interchangeable.
The following guides explain the principal procedural questions that litigants commonly encounter.
- Can I challenge a High Court judgment before the Supreme Court?
- What is a Special Leave Petition under Article 136?
- How much time is available to approach the Supreme Court?
- What documents are required for filing a case?
- What is the role of an Advocate-on-Record?
- What happens after a case is filed in the Supreme Court?
Step-by-Step Journey to the Supreme Court
1. EXAMINE THE JUDGMENT OR ORDER
Identify the operative directions, nature of the proceedings and available remedies.
2. DETERMINE THE APPROPRIATE LEGAL REMEDY
Consider whether a Special Leave Petition, appeal or another remedy is legally available.
3. CHECK LIMITATION AND OBTAIN DOCUMENTS
Ascertain the applicable limitation period and collect the necessary records.
4. PREPARE AND FILE THE PROCEEDINGS
Prepare and file the proceedings in accordance with the applicable Supreme Court Rules.
5. REGISTRY SCRUTINY
The Registry examines the filing and may identify defects requiring correction.
6. LISTING AND HEARING
The matter may be listed before the appropriate Bench.
7. FURTHER PROCEEDINGS
The matter proceeds according to the Court’s orders.
Detailed Procedural Guides
How to Approach the Supreme Court After a High Court Judgment: Remedies, Limitation and Procedure
Curative Petition Before the Supreme Court of India
Mediation in Matrimonial Disputes in India: Procedure, Benefits and Legal Effect of Settlement