FAQs – Supreme Court of India | Frequently Asked Legal Questions

This page addresses commonly asked questions about proceedings before the Supreme Court of India. These answers are for general informational purposes only and do not constitute legal advice. For advice specific to your matter, a formal consultation is necessary.

What is an Advocate-on-Record (AoR)?

An Advocate-on-Record is an advocate who has been designated by the Supreme Court of India, after qualifying through the AoR examination, to file and conduct cases directly before the Court. Only an AoR is authorised to file petitions, enter appearances, and act on behalf of parties before the Supreme Court. Engaging an AoR is mandatory for any proceeding before the Supreme Court.

What is a Special Leave Petition (SLP)?

A Special Leave Petition is a petition filed under Article 136 of the Constitution seeking the Supreme Court’s leave (permission) to appeal against any order of a High Court, tribunal, or other judicial body. It is the most common method of approaching the Supreme Court. The Court grants leave only where the case raises substantial questions of law or involves a manifest injustice.

What is the time limit for filing an SLP?

The limitation period for filing an SLP is generally 90 days from the date of the impugned order in civil matters and 60 days in criminal matters. However, the Supreme Court has the discretion to condone delay if sufficient cause is shown. It is advisable to file within the prescribed period to avoid complications in having the delay condoned.

How does the Supreme Court grant bail?

The Supreme Court grants bail under its jurisdiction conferred by Article 136 and its inherent powers. The factors considered include the nature and gravity of the offence, the character of the evidence, the possibility of the accused fleeing from justice or tampering with evidence, the period of incarceration already undergone, the health and age of the accused, and the right to personal liberty under Article 21 of the Constitution. In cases under the PMLA and NDPS Act, additional statutory conditions must be satisfied.

Can an FIR be quashed by the Supreme Court?

The Supreme Court can quash an FIR or criminal proceedings by exercising its jurisdiction under Article 136, where the High Court has declined to exercise its powers under Section 482 CrPC (now Section 528 BNSS). The grounds for quashing include situations where the FIR does not disclose a cognisable offence, where the allegations are manifestly absurd, where there is a legal bar to prosecution, or where continuing the proceedings would be an abuse of the process of court.

What happens after an SLP is dismissed?

If an SLP is dismissed by the Supreme Court, the order of the court below stands confirmed. Depending on the manner of dismissal, limited remedies may be available. If the SLP is dismissed without reasons or in limine (at the threshold), a review petition may be filed in certain circumstances. A curative petition is the final remedy available against orders of the Supreme Court, but it is maintainable only in exceptional cases to prevent abuse of process or gross miscarriage of justice.

What is a transfer petition?

A transfer petition is filed before the Supreme Court seeking the transfer of a case from a court in one state to a court in another state. Transfer petitions are common in matrimonial cases and in criminal cases where a party apprehends that a fair trial is not possible in the state where the case is pending. The Supreme Court considers factors such as convenience, safety, apprehension of bias, and the interest of justice when deciding transfer petitions.

What is the twin bail condition under the PMLA?

Section 45 of the Prevention of Money Laundering Act imposes two conditions for the grant of bail in PMLA cases. The court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and that the accused is not likely to commit any offence while on bail. These conditions make bail in PMLA cases significantly more restrictive than in ordinary criminal cases.

Can I file a case directly in the Supreme Court?

The Supreme Court exercises original jurisdiction under Article 32 for enforcement of fundamental rights, and under Article 131 for disputes between the Union and States. Writ petitions for enforcement of fundamental rights can be filed directly in the Supreme Court. However, for most other matters, the Supreme Court’s jurisdiction is appellate, meaning the matter must first be decided by the lower courts or the High Court before it can be brought to the Supreme Court through an SLP or appeal.

What is the scope of Article 136?

Article 136 confers a wide discretionary power on the Supreme Court. It is not limited to questions of law alone; the Supreme Court can interfere with findings of fact if it is satisfied that the findings are perverse, contrary to the evidence, or result in a miscarriage of justice. However, the Supreme Court does not ordinarily reappreciate evidence as a court of facts unless the circumstances warrant it. The scope of Article 136 has been explained by the Court in numerous decisions and encompasses virtually any order of any court or tribunal in India.

How long does a Supreme Court case take?

The time taken for a case before the Supreme Court varies depending on the nature of the matter, the urgency, and the Court’s listing schedule. Urgent matters such as bail applications and stay petitions can be listed within days of filing. SLPs for admission hearing may take several months to be listed, depending on the category and the Court’s pendency. Once admitted, the final hearing may take additional time. The practice provides realistic timelines to clients based on the nature of their specific matter.

What is the difference between a review petition and a curative petition?

A review petition is filed under Article 137 seeking review of a judgment of the Supreme Court on limited grounds, including an error apparent on the face of the record, discovery of new evidence, or any other sufficient reason. A curative petition is a remedy evolved by the Supreme Court to prevent gross miscarriage of justice and is maintainable only after a review petition has been dismissed. Curative petitions are decided by a bench of the three senior-most judges of the Court and are allowed only in the rarest of rare cases.

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