Supreme Court Practice – Advocate-on-Record, India

The Supreme Court of India is the highest judicial authority in the country and the final court of appeal under the Constitution. Matters that reach the Supreme Court involve questions of constitutional importance, significant questions of law, and cases where the liberty, rights, or substantial interests of parties are at stake. The practice at KV Law is focused on representing individuals, professionals, and entities in matters before the Supreme Court of India, exercising the full range of the Court’s jurisdiction.

Jurisdiction of the Supreme Court

The Supreme Court of India exercises original jurisdiction under Article 32 (enforcement of fundamental rights) and Articles 131 (disputes between the Union and States); appellate jurisdiction under Articles 132, 133, 134, and 136 (civil, criminal, and constitutional appeals); advisory jurisdiction under Article 143; and the power of judicial review under the basic structure doctrine. The practice handles matters falling under each of these heads of jurisdiction.

Special Leave Petitions Under Article 136

The most common mode of approaching the Supreme Court is through a Special Leave Petition (SLP) under Article 136 of the Constitution. Article 136 confers a wide discretionary power on the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed or made by any court or tribunal in India. The scope of Article 136 is broad, but the Supreme Court exercises this jurisdiction sparingly and only in cases that raise substantial questions of general importance or where the order of the court below is manifestly unjust or contrary to established law.

The practice files SLPs in criminal matters (including appeals against conviction, bail matters, and quashing of proceedings), civil matters (property disputes, contractual disputes, and commercial litigation), constitutional matters, and matters arising from orders of tribunals and statutory bodies. As an Advocate-on-Record, the practice is authorised to file SLPs directly before the Supreme Court.

Criminal Matters Before the Supreme Court

Criminal matters before the Supreme Court include bail applications (regular, anticipatory, and interim), criminal appeals against conviction and sentence, petitions for quashing of FIRs and criminal proceedings, matters under special statutes such as the PMLA, NDPS Act, Prevention of Corruption Act, and challenges to orders of the High Courts in criminal matters. The practice has extensive experience in handling criminal matters before the Supreme Court, including matters of an urgent nature that require immediate listing and hearing.

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Constitutional and Writ Jurisdiction

The Supreme Court’s original jurisdiction under Article 32 enables any person to approach the Court directly for the enforcement of fundamental rights guaranteed under Part III of the Constitution. This includes writ petitions for habeas corpus, mandamus, prohibition, certiorari, and quo warranto. The practice handles writ petitions involving the right to life and personal liberty (Article 21), the right to equality (Article 14), freedom of speech and expression (Article 19), and other fundamental rights.

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Special Statutes

The practice handles matters arising under several special statutes that have unique procedural requirements and carry significant consequences. These include the Prevention of Money Laundering Act, 2002 (PMLA); cases investigated by the CBI and the ED; the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS); and matters under the Securities and Exchange Board of India Act, 1992 (SEBI Act). Each of these statutes creates a distinct legal framework that requires specialised knowledge and experience.

PMLA Defence | CBI & ED Cases | NDPS Act | SEBI & SFIO

Transfer Petitions

Transfer petitions before the Supreme Court seek the transfer of cases from one court, district, or state to another. These petitions may be filed in civil matters, criminal matters, and matrimonial proceedings. The grounds for transfer include convenience, fairness, apprehension of bias, and the interest of justice. The practice regularly files and argues transfer petitions before the Supreme Court.

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Advocate-on-Record Services

As an Advocate-on-Record, the practice provides the full range of filing and procedural services required for matters before the Supreme Court. This includes drafting and filing of petitions, applications, and documents; entry of appearance; compliance with the Court’s rules regarding pagination, indexing, and service; and tracking the progress of matters through the Court’s listing and hearing processes. The practice also provides AoR services to counsel who require a filing advocate for their matters before the Supreme Court.

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For queries relating to any matter before the Supreme Court, please visit the Contact page.