How To File An Appeal In The Supreme Court Of India – Step-By-Step Procedure, Documents & Key Judgments
- leadindia636
- Oct 15
- 4 min read
Introduction: Role of the Supreme Court
The Supreme Court of India is the highest judicial authority in the country and the final court of appeal.
It hears appeals from:
High Courts,
Tribunals, and
Other subordinate courts,
Where a substantial question of law or constitutional interpretation is involved.
“The Supreme Court stands as the guardian of justice and the protector of fundamental rights.”— Justice D.Y. Chandrachud, Chief Justice of India
When Can You File an Appeal in the Supreme Court?
You can approach the Supreme Court only in specific circumstances, such as:
When a High Court judgment appears unjust, unconstitutional, or erroneous.
When fundamental rights are violated.
When different High Courts give conflicting judgments.
When a case involves a significant question of law or public importance.
Not every losing party has a right to appeal; it must fall under constitutional or statutory provisions.
Types of Appeals
Type of Appeal | Legal Basis | Meaning |
Civil Appeal | Article 133 | Appeal against civil judgments of a High Court. |
Criminal Appeal | Article 134 | Appeal in criminal matters involving a death sentence or important legal questions. |
Special Leave Petition (SLP) | Article 136 | The discretionary power of the Supreme Court to hear appeals from any court or tribunal. |
Constitutional Appeal / Writ Appeal | Article 32 or 136 | For the enforcement of fundamental rights. |
Articles of the Constitution Governing Appeals
Article | Provision |
Article 132 | Appeals to the Supreme Court on substantial questions of law involving the Constitution. |
Article 133 | Civil appeals from High Courts. |
Article 134 | Criminal appeals from High Courts. |
Article 136 | Special Leave Petition (SLP) — discretionary power to appeal from any judgment. |
Article 137 | Power of the Supreme Court to review its own judgments. |
Step-by-Step Procedure to File an Appeal in the Supreme Court
Step 1 – Consult a Supreme Court Advocate-on-Record (AOR)
Only an Advocate-on-Record can file a case in the Supreme Court.
You must hire an AOR or have your lawyer coordinate through one.
Step 2 – Obtain a Certified Copy of the High Court Judgment
You need the certified judgment or order of the High Court you wish to challenge.
Step 3 – Draft and File the Petition
Depending on your case type:
Civil/Criminal Appeal under Articles 133/134, or
Special Leave Petition (SLP) under Article 136.
The petition must include:
Facts of the case
Grounds for appeal
Questions of law raised
Relief sought
Step 4 – Scrutiny by the Supreme Court Registry
The Registry examines formatting, limitations, and document compliance.
If defects are found, the petition is returned for correction.
Step 5 – Admission Hearing
At the first hearing, the Court decides whether to grant leave (permission) to hear the appeal.
If leave is granted, the case is admitted and numbered as a “Civil Appeal” or “Criminal Appeal.”
Step 6 – Final Hearing
Both sides argue before a Bench of two or more judges.
After hearing, the Court delivers its final judgment.
Documents Required for Filing an Appeal
Certified copy of the impugned judgment (from High Court).
Vakalatnama signed by the client and Advocate-on-Record.
Affidavit verifying the facts of the case.
Annexures / Exhibits referenced in the petition.
Index and List of Dates & Events.
Court fee (as per Supreme Court Rules, 2013).
Important Supreme Court Judgments on Appeals
Case Name | Citation / Year | Key Principle |
Pritam Singh v. The State | AIR 1950 SC 169 | Established that SLP is a discretionary remedy, not a right. |
Kunhayammed v. State of Kerala | (2000) 6 SCC 359 | Once SLP is dismissed, the lower court judgment attains finality. |
Union of India v. West Coast Paper Mills Ltd. | (2004) 2 SCC 747 | Appeal must involve a substantial question of law. |
State of Rajasthan v. Swaika Properties | (1985) 3 SCC 217 | High Court judgments can be challenged if there is a miscarriage of justice. |
Vijay Kumar Ghai v. State of W.B. | (2022) 7 SCC 124 | Article 136 allows SLP even against interim orders if fundamental rights are affected. |
Time Limit for Filing an Appeal
Type of Appeal | Time Limit |
Civil Appeal / SLP | 90 days from the date of the High Court judgment. |
Criminal Appeal / SLP | 60 days from the date of judgment or order. |
Review Petition (Art. 137) | Within 30 days of the Supreme Court judgment. |
If there is a reasonable delay, a condonation of delay application under Section 5 of the Limitation Act, 1963 can be filed.
Cost and Practical Considerations
Court Fee: ₹500–₹5,000 (depending on petition type).
Legal Fee: Varies based on the lawyer and the complexity of the case.
Other Costs: Notarization of affidavits, printing, courier, etc.
Always hire an Advocate-on-Record (AOR) experienced in Supreme Court procedures.
Common Mistakes to Avoid
Missing the limitation deadline.
Filing incomplete or uncertified documents.
Using an incorrect format under the Supreme Court Rules, 2013.
Not engaging an Advocate-on-Record.
Not stating “substantial question of law” in the appeal grounds.
Conclusion
Appealing to the Supreme Court is not an automatic right — it requires strong legal grounds and proper procedure.
Whether it is a civil, criminal, or constitutional matter, your appeal must demonstrate a substantial question of law or a miscarriage of justice.
“The Supreme Court is not a forum for every grievance, but for grave injustice.”— Justice Sanjay Kishan Kaul, Supreme Court
Always seek guidance from a Supreme Court Advocate-on-Record to ensure your appeal is filed correctly and within limitations.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.
FAQs
Can anyone appeal directly to the Supreme Court?
No. You must have a valid ground under Articles 132–136 or file an SLP.
What is an SLP (Special Leave Petition)?
It’s a petition under Article 136 that allows the Supreme Court to grant special permission to appeal against any judgment.
Can I appeal without a lawyer?
No. Only an Advocate-on-Record can file a petition in the Supreme Court.
What happens if SLP is rejected?
The High Court judgment becomes final, though review or curative petitions may still be filed.
Can new evidence be introduced in an appeal?
Generally, no. Appeals are decided based on evidence presented in lower courts.
Can I file an appeal online?
Yes. The Supreme Court e-filing portal (www.efiling.sci.gov.in) allows digital filing through AORs.
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