How to File an Appeal in the Supreme Court of India: Step-by-Step Guide

In the hierarchy of the judicial setup in India, the Supreme Court is the highest Court of Appeal and the apex judicial forum. It has original, appellate, and advisory jurisdiction. A certificate granted by the High Court under Article 132(1), 133(1), or 134 of the Constitution of India enables a person to invoke the appellate jurisdiction of the Supreme Court. This certificate is granted with regard to any judgment, decree, or final order of the High Court, which involves substantial questions of law regarding the interpretation of the Constitution.

What is an Appeal?

A request for a higher court to review a lower court's decision is known as an appeal. They function simultaneously as a process for error correction and clarification or interpretation of the law. In an appeal, only a person who has been a party to the case before the lower court requests a formal alteration to a judgment or order. The person who files an appeal is known as an appellant and the concerned Court is referred to as the appellate court. It can only be filed if any law allows it specifically, and must be filed in a specified manner.

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Appeals in the Supreme Court in Civil and Criminal Matters

The Supreme Court has jurisdiction to hear appeals in both civil and criminal cases. These appeals may be filed against the judgment or the order of any High Court or other subordinate courts.

1. Appeal in Civil Cases:

A person may appeal to the Supreme Court in a civil matter if the concerned High Court certifies that

(i) the case includes a substantial question of law of general importance, and

(ii) in the opinion of the High Court, must be decided by the Supreme Court.

The appellant may urge that a substantial question of law regarding the interpretation of the Constitution has been decided wrongly as one of the grounds of appeal.

2. Appeal in Criminal Cases:

A person can appeal to the Supreme Court in criminal cases if the High Court

(i) has, on appeal, reversed an acquittal order of an accused person, and sentenced him to death, or to imprisonment for life, or for a period of at least 10 years, or

(ii) has withdrawn before itself any case for trial from any subordinate court and in such trial convicted the accused and sentenced him to death, or to imprisonment for life, or for a period which is at least 10 years, or

(iii) certified that the case is fit for an appeal to the Supreme Court.

The Supreme Court, on the Parliament's authority, can be given additional powers to hear appeals from any High Court judgment, final order, or sentence in a criminal matter. Further, a person convicted on a High Court's trial in its extraordinary original criminal jurisdiction may also appeal to the Supreme Court. A convicted person shall not file an appeal to the Supreme Court if the term of imprisonment or fine or both does not exceed 6 months or Rs. 1,000/- respectively. A criminal appeal may be filed in the Supreme Court if the established principles of criminal law have been misapplied or disregarded by the High Court.

Procedure to File an Appeal in the Supreme Court

A person may file an appeal in Supreme Court in the following manner:

1. Drafting the appeal: The party who desires to file an appeal in the Supreme Court shall draft a petition of appeal. It must contain all information regarding the proceeding in the subordinate courts concisely. The petition must be presented in chronological order with relevant dates and state the amount and value of the subject matter of the suit.

2. Filing the appeal in Supreme Court: The party who is desirous of filing an appeal in the Supreme Court on a certificate granted by the High Court as stated earlier must file a petition of appeal in the Supreme Court.

Documents required for Appeal in Supreme Court

The following documents must accompany the appeal to the Supreme Court:

1. For an appeal in civil matters, the petition must be accompanied by:

(i) a certified copy of the judgment or decree against which the appeal is filed,

(ii) a certified copy of the High Court's certificate, and

(iii) a certified copy of the order that grants the said certificate.

2. For an appeal in criminal matters, the petition must be accompanied by:

(i) a certified copy of the judgment or order appealed from, and

(ii) a certified copy of the High Court's certificate in case the appeal is filed on a certificate.

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Special Leave to Appeal

Special leave to appeal or Special Leave Petition (SLP) is a special class of appeals that do not follow the usual hierarchy of the courts and tribunals. The special leave may lie from any judgment, decree, sentence, or order in any cause or matter made or passed by any Court or Tribunal in India's territory. A notable difference between a special leave petition and a regular appeal is that the judgments, orders, or decrees need not be final in nature. It is allowed against interim orders of both civil and criminal cases.

No special leave to appeal can be obtained against any judgment, decree, sentence, or order made or passed by any court or tribunal established under any law related to the Armed Forces. An entirely administrative or executive order cannot be a subject matter of special leave to appeal. The authority against whose judgment or order the appeal is sought to be filed must be a court or tribunal or fall within the definition of the same.

A special leave petition is a petition filed for an appeal, and not the appeal itself, by the aggrieved party to take special permission to be heard in the Supreme Court. The Supreme Court has wide appellate jurisdiction over all Courts and Tribunals in India, and it may, at its discretion, grant special leave to appeal under Article 136 of the Constitution of India. If the High Court refuses to certify a case or if any of the conditions as stated earlier are not complied with, any party to the case can seek special leave to file an appeal from the Supreme Court itself.

Procedure to file a Special Leave Petition in the Supreme Court

A party seeking a special leave petition must file the petition in the following specified format:

1. Drafting the special leave petition: The very beginning of the petition must mention a detailed description of the parties along with the details of the judgment or order challenged. The questions of law desired for consideration must also be stated. Further, the grounds for filing the petition and for seeking interim reliefs, if any, must be laid down as well.

2. Filing the special leave petition in the Supreme Court: The party who is desirous of filing the special leave petition in the Supreme Court against a judgment, order, or decree of any court or tribunal must file it in the Supreme Court.

3. Documents required to file special leave petition: The following documents must accompany the special leave petition:

i. A declaration that states no other petition seeking leave to appeal has been filed, and

ii. Affidavit by the appellant or any other person as authorized by the appellant.

Limitation Period to file an Appeal in Supreme Court

1. Limitation period for appeals in civil and criminal matters: The appellant must present the petition of appeal based on the certificate granted by the High Court within 60 days from the date of the grant of the certificate. The time spent in obtaining a copy of the certificate along with the order granting the aforesaid certificate shall not be included while calculating the limitation period. If there is a delay in filing an appeal, the appellant may also seek a pardon of the same (condonation of delay) by explaining the reasons that caused the delay. The limitation period and conditions imposed on it remain the same for an appeal in a criminal matter.

2. Limitation period for a special leave petition: The special leave petition must be filed within 60 days if the certificate ensuring fitness to appeal to Supreme Court is refused by the High Court. The period of 60 days is computed from the date of the order of refusal by the High Court. In other cases, the limitation period is 90 days from the date of judgment or order challenged in the special leave petition. While the period of limitation is computed, the time spent in making the application to obtain the certificate in the High Court until it is rejected is to be excluded.

Why do you Need a Lawyer?

A lawyer represents an appellant on an appeal in an effective manner and communicates how the subordinate courts made an error during the proceedings before them. They may also review the judgment, decree, or order against which the appeal is proposed to be filed to establish whether it is appealable or not. A case as serious as that of an appeal in the Supreme Court requires the expertise of a lawyer who can ensure the most favorable outcome for the case. An expert Supreme Court lawyer with prior experience in dealing with matters of appeal offers the additional potential to handle the case.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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