HOW TO MASTER SUPREME COURT & HIGH COURTS PROCEDURE: A STUDENT'S GUIDE

This article is written by Kimaya Anavkar, a T.Y.LL.B. student at Kishinchand chellaram Law College.

Keywords: Supreme Court procedure, High Court procedure, Filing a case in India, Writ Petition, Special Leave Petition (SLP), Indian Judiciary, Article 226, Article 136, Jurisdiction of Courts

ABSTRACT:

Navigating the Indian judiciary, specifically the Supreme Court procedure and High Court procedure, can seem like an intimidating process, especially for those new to the law. This article is designed to simplify the entire journey, from the first step of filing a case in India to receiving a final judgment. We will conduct a detailed exploration of the different types of petitions, such as Writ Petitions and the powerful Special Leave Petitions (SLPs), and explain the various jurisdictions under key constitutional provisions like Article 226 (for High Courts) and Article 136 (for the Supreme Court).

This guide breaks down the essential stages—admission, hearings, interim relief, and appeals—in simple, understandable terms. It serves as a foundational map for any law student, legal intern, or citizen looking to understand how the highest courts in our country function.

INTRODUCTION

The Supreme Court of India and the various High Courts stand as the ultimate protectors of the Constitution and the fundamental rights of every citizen. For many, these “hallowed halls” of justice seem distant, shrouded in complex traditions and an intimidating legal language. When a citizen has a grievance, or a company faces a dispute, the path to a legal remedy can look like an impassable maze. The Indian judiciary, by its very nature, is built on a foundation of detailed rules and procedures that have evolved over decades.

We hear terms in the news like “Writ Petition” being filed, a case being admitted as a “Special Leave Petition (SLP),” or a court declining to hear a matter for lack of “jurisdiction”. But what do these actually mean in practice? How does a simple piece of paper—a petition—begin a journey that can lead to a landmark judgment that affects millions? What is the real, practical difference between the High Court procedure and the Supreme Court procedure?

As a law student, my daily work involves untangling these very procedures. I’ve learned that while the system is incredibly detailed, it is not arbitrary. Every rule, from how to file an index to the specific grounds for a review, has a purpose: to ensure a fair hearing, to prevent chaos, and to guide the administration of justice.

This article is my attempt to demystify this process. It is a guide written not for senior advocates, but for fellow students, interns, and any curious citizen who wants to understand the “how” behind the law. We will walk through the entire lifecycle of a case, from the very first step of filing a case in India to the final judgment and its execution. We’ll break down the High Court procedure and the Supreme Court procedure into simple, understandable stages, providing a clear roadmap to how justice is administered in the highest courts of our nation.

1. FILING A CASE (THE FIRST STEP)

This is the formal start, known in legal terms as the “institution of proceedings.” It’s not just about submitting a paper; it’s about presenting your case in the exact format the court demands. A single procedural error can delay your case for weeks.

• Supreme Court: You can file several types of cases, but the most common are:
  • Writ Petitions (under Article 32)
  • Special Leave Petitions (SLPs) (under Article 136)
  • Appeals (e.g., statutory appeals, appeals by certificate)
  • Review Petitions or Curative Petitions
• High Court: The cases are typically:
  • Civil or Criminal Appeals from lower courts
  • Writ Petitions (under Article 226)
  • Original Civil Suits (in some High Courts like Delhi, Bombay, Calcutta, and Madras)

Key Documents Required for Every Filing: No matter which court, your “petition” (or “plaint”) must be filed with a standard set of documents, all compiled into a “paperbook.”

• Vakalatnama: This is the formal document, a type of power of attorney, that you (the party) sign to authorize your advocate to represent you in court.
• Index & Synopsis: The index lists all documents. The synopsis is the first thing a judge reads—it’s a one-page summary of your case and the “relief” (what you’re asking for).
• Main Petition/Appeal: This is your detailed legal argument, citing facts, laws, and case-law precedents.
• Affidavit: This is a sworn statement by you (the petitioner) verifying that all the facts stated in the petition are true to your knowledge. Lying on an affidavit is perjury, a criminal offense.
• Annexures: This is your evidence—all the supporting documents, like contracts, letters, or the lower court orders you are challenging.
• Impugned Order (for appeals): You must attach certified copies of the lower court orders you are appealing against.

This entire set is filed either at the physical “Filing Counter” or, increasingly, through the court’s online e-filing portal.

2. UNDERSTANDING JURISDICTION (WHO HEARS WHAT?)

“Jurisdiction” is the most fundamental concept. It means the court’s legal authority to hear and decide a case. If a court lacks jurisdiction, its judgment is null and void.

Supreme Court Jurisdiction:

• Original (Art. 131): This is for high-level “federal” disputes. For example, a dispute between the Government of India and the State of Kerala, or a dispute between two states like Tamil Nadu and Karnataka over river water.
• Writ (Art. 32): This is the heart of the Supreme Court’s power. Any citizen can directly approach the SC if their Fundamental Rights (like the Right to Equality or Right to Life) are violated. This makes the SC the “Guardian of Fundamental Rights.”
• Appellate: This is the most common path. The SC is the final court of appeal from all High Courts in civil, criminal, and constitutional cases.
• Advisory (Art. 143): This is a unique power where the President of India can ask the Supreme Court for its opinion on a significant question of law or fact.
  • Illustration (Case Law): A famous example is the 1951 reference, In re The Delhi Laws Act, where the President sought the Supreme Court’s opinion on the scope of the legislature’s power to delegate its law-making functions.

High Court Jurisdiction:

• Original (Art. 226): This is the High Court’s most powerful tool. Like Art. 32, it allows citizens to file Writ Petitions (like Habeas Corpus, Mandamus, etc.) for fundamental rights violations. However, Art. 226 is wider than Art. 32; it can also be used for “any other purpose,” meaning for the violation of any legal right, not just a fundamental one.
• Appellate: This is the standard appeal route. The High Court hears appeals from judgments of all subordinate courts (like District and Sessions Courts) within its state.
• Supervisory (Art. 227): This gives the High Court a “power of superintendence” over all lower courts and tribunals in its territory. It’s not just an appeal; it’s a power to step in and correct serious errors of jurisdiction or procedure by the lower courts to ensure they “keep within their bounds.”

3. ADMISSION OF A CASE

After filing, your case doesn’t go straight to a final hearing. It must first be “admitted.”

1. Registry Check: First, the court’s administrative department (the “Registry”) scrutinizes your file. They check for “defects” (e.g., missing affidavit, improper formatting, uncertified annexures).
2. Curing the Defects: If defects are found, your lawyer is notified and must “cure” (fix) them within a specific time.
3. Listing: Once cleared, the case is “listed” (given a date) before a “Bench” of judges (usually two judges for an admission hearing).
4. The Admission Hearing: This is the first and most critical hurdle. The judges have read your synopsis. Your lawyer has only a few minutes to convince them that your case has legal merit (a prima facie case). The Bench will then do one of two things:
   • “Issue Notice”: This is a win. It means the court sees a potential issue and wants to hear the other side. The court issues a formal notice to the opposite party (the “respondent”), asking them to file their reply.
   • “Dismissed at Admission”: This is a loss. The judges find no legal merit in your petition, and the case is “dismissed at the admission stage” itself.

4. THE STAGES OF A HEARING

If your case is admitted and the court issues notice, the main legal battle begins. This phase is a structured dialogue between the parties, all managed by the court.

• (a) Preliminary Hearing / Admission Stage: This is the first, and perhaps most critical, judicial hurdle. After you file, the case is listed “for admission.” A Bench of judges, having read your synopsis, will hear your lawyer for a few minutes. They are not deciding the case; they are deciding if the case has a prima facie (on the face of it) legal argument worth considering. If yes, they “issue notice” to the opposite party. If no, the case is “dismissed at the admission stage.”
• (b) The Notice Stage (Completion of Pleadings):
  • Counter-Affidavit: Once notice is served, the opposite party (the “Respondent”) is given a fixed time (e.g., 4-6 weeks) to file their formal, sworn reply. This is the “counter-affidavit”. In this document, they will deny your allegations, state their own version of the facts, and raise their own legal objections (e.g., “This petition is not maintainable”).
  • Rejoinder: After the petitioner receives the counter-affidavit, they have the right to file one last document: the “rejoinder” (or rejoinder-affidavit). This is a reply to the counter-affidavit, where the petitioner rebuts any new facts or false claims made by the respondent.
  • Once the petition, counter-affidavit, and rejoinder are all filed, the “pleadings” are considered complete. The court now has the full written record from both sides.
• (c) Final Hearing: This is the climax of the case, which can happen months or even years after filing.
  • Arguments on Merits: Both sides’ lawyers will present their full “oral arguments” to the judges. They will argue the law based on the facts established in the “completed pleadings.” This is where they cite statutes, prior judgments (precedents), and constitutional provisions to support their case.
  • Judgment: After the hearing concludes, the court has two options:
    1. Pronounce Judgment: The judges may give their final decision immediately in open court.
    2. Reserve Judgment: More commonly in complex cases, the judges will state “Judgment Reserved”. This means they will take time (days, weeks, or even months) to review all the arguments and documents and write a detailed, reasoned, final judgment.

5. INTERIM RELIEF (IMMEDIATE PROTECTION)

The wheels of justice can turn slowly. A final judgment might take years. Because of this, courts have the power to grant “interim relief” to protect the parties while the case is pending. The core purpose is to “prevent irreparable harm” —damage that cannot be fixed or compensated for with money later.

To get interim relief, a party must usually prove three things (the “Three-Pronged Test”):

1. Prima Facie Case: You have a strong, arguable case on first look.
2. Balance of Convenience: The harm you will suffer without the order is far greater than the inconvenience the other party will suffer with the order.
3. Irreparable Injury: You will suffer a loss that money cannot repair. For example, the demolition of a 100-year-old heritage home is an irreparable loss.

The most common types of interim relief include:

• Stay Orders: This is a temporary “pause” button. A court can issue a stay order to pause a lower court’s proceeding, a government demolition notice, or the auction of a property until the main case is decided.
• Injunctions: This is a court order demanding that a party do or not do a specific act.
  • Prohibitory Injunction: (More common) This stops someone from doing something. Example: An order preventing a rival company from using your trademark.
  • Mandatory Injunction: (Rarer) This compels someone to do something. Example: An order forcing a landlord to restore a tenant’s water supply that was illegally cut.
• Bail: In criminal matters, this is the most common interim relief. It is a conditional release of an accused person from custody while they await their trial, balancing their right to liberty with the interests of justice.

6. THE LAST RESORTS (REVIEW AND CURATIVE PETITIONS)

What if you lose in the Supreme Court? The decision is final. However, the Constitution provides two extraordinary (and rarely successful) remedies only in the Supreme Court.

• Review Petition (Art. 137):
  • When: Filed within 30 days of the judgment.
  • What it is: This is not an appeal. You cannot re-argue the entire case. You are asking the same judges to review their own judgment, but only on the grounds of an “error apparent on the face of the record.”
  • Example: The court overlooked a key statute that was directly applicable, or a major fact was clearly misread. These are usually heard “in chambers” (the judges’ private office) without oral arguments.
• Curative Petition:
  • When: This is the absolute last resort, filed only after a Review Petition is dismissed.
  • Origin (Case Law): This remedy was created by the Supreme Court itself in the case of Rupa Ashok Hurra v. Ashok Hurra (2002) to prevent a “gross miscarriage of justice.”
  • Grounds: The grounds are extremely narrow, such as proving a judge was biased or that the petitioner was not served notice and was unheard. It is also heard in chambers by the senior-most judges.

7. THE APPEAL PROCEDURE (CHALLENGING A DECISION)

• If you lose your case, you often have the right to challenge that decision in a higher court. This is the appeal procedure.
• From District Court to High Court: In many cases, an appeal from a District Court judgment to the High Court is a “statutory right” (a right given by a law like the Code of Civil Procedure).
  • A “First Appeal” can typically be filed on questions of both fact and law.
  • A “Second Appeal” (e.g., from an appellate court to the High Court) is often more restricted and can usually only be filed if it involves a “substantial question of law.”
• From High Court to Supreme Court: This is not an automatic right. The Supreme Court is the final court, and it does not re-examine every case. There are two primary ways to get there:
  1. Appeal by Certificate (Art. 132–134): The High Court itself can certify that its judgment involves a “substantial question of law” as to the interpretation of the Constitution or a question of general public importance that the Supreme Court needs to settle. This is relatively rare.
  2. Special Leave Petition (SLP) (Art. 136): This is the “super-highway” to the Supreme Court and the most common method.
     • What it is: It is not an appeal. It is a “petition” asking for “special leave” (permission) from the Supreme Court to file an appeal.
     • The Scope: Article 136 gives the Supreme Court extraordinarily wide, discretionary power. It can grant leave to appeal from any judgment, decree, order, or sentence from any court or tribunal in India.
     • The Reality: The Supreme Court does not grant leave in most cases. It uses this power sparingly, not just to correct errors, but to settle the law for the entire country or to intervene when a “grave injustice” has occurred. This is why thousands of SLPs are filed every year, but only a small percentage are ever “admitted” for a full and final hearing.

8. JUDGMENT AND EXECUTION (THE FINAL WORD)

• The Judgment: This is the final, reasoned decision of the court that resolves the dispute. This judgment contains the ratio decidendi (the legal reasoning for the decision), which becomes a binding precedent for lower courts. Today, in the interest of transparency, all final judgments are uploaded to the court’s official websites.
• Execution (The “Second Half” of Justice): There is a famous legal saying: “The difficulties of a litigant in India begin when he has obtained a decree.”
  • What it is: A judgment is just a declaration. “Execution” is the process of enforcing that judgment and making it a reality.
  • Where to file: You do not file for execution in the Supreme Court or High Court. You must take your judgment and file an “Execution Petition” in the “appropriate executing court” —this is typically the original trial court (like the District Court) that had the jurisdiction to hear the case in the first place.
  • How it works: The executing court uses its power to enforce the order.
    • For monetary judgments, the court can “attach” and sell the other party’s assets to recover the amount.
    • In cases of property possession, the court can authorize a bailiff to physically deliver possession to the decree-holder.
    • Should a party violate an injunction, they can be held in contempt of court, which may lead to fines or even imprisonment.

Execution is the final, practical step that ensures the court’s order is not just a piece of paper, but a binding and enforceable command.

CONCLUSION

As we have seen, the journey of a legal case through the higher judiciary is a meticulous and structured process. It is a path that begins with the crucial first step of filing a case in India —a step that demands precision, from the main petition and affidavit to the humble Vakalatnama. From there, the case must pass the critical “admission” test, where a Bench of judges first decides if it even has the merit to be heard. If it proceeds, it moves through the detailed stages of hearings, where the opposite party files a counter-affidavit, and arguments on merits are finally heard.

This journey may also involve ascending through the appellate hierarchy, from a High Court judgment to the Supreme Court, often by seeking permission through a Special Leave Petition (SLP) under Article 136. Understanding this High Court procedure and Supreme Court procedure is therefore more than just an academic exercise. It is the key to unlocking “access to justice.”

These rules—governing the different types of jurisdiction , the grant of urgent interim reliefs like stays or injunctions , and even the final, extraordinary remedies of Review and Curative Petitions —are the essential “how-to” guide for holding power to account and defending individual rights. For anyone in the legal field, or even just an informed citizen, grasping this framework demystifies the Indian judiciary. It transforms the court from an abstract symbol into a functioning system. When we understand the purpose behind a Writ Petition or the high threshold for an SLP, we begin to appreciate the logical checks and balances that define our legal process.

These procedures are not obstacles designed to confuse; they are the very bedrock of the Rule of Law. They are the carefully constructed channels through which justice flows, ensuring that every party is heard fairly and that decisions are made with order, reason, and a clear basis in law. This guide, by simplifying the map, aims to empower every reader to navigate that system with greater confidence and clarity.

REFERENCES

• The Constitution of India, 1950.
• The Supreme Court Rules, 2013.
• Code of Civil Procedure, 1908.
• In re The Delhi Laws Act, 1912 AIR 1951 SC 332
• Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388

FREQUENTLY ASKED QUESTIONS (FAQS)

1. What’s the main difference between a High Court and the Supreme Court?

A High Court is the highest court in a state, while the Supreme Court is the highest court in the entire country. You typically appeal from a High Court to the Supreme Court.

2. Can I file a case directly in the Supreme Court, skipping the lower courts?

Yes, but only in specific situations. You can file a Writ Petition directly under Article 32 for a violation of your fundamental rights. The Supreme Court also has original jurisdiction over disputes between states or between a state and the Centre (Art. 131).

3. What does it mean when a case is “dismissed at admission”?

This means the judges reviewed your petition at the very first hearing and decided it did not have enough legal merit or a strong enough reason to proceed further. The case ends there unless you have other legal options.

4. What is a “stay order”?

A stay order is a type of interim relief. It’s a temporary order from the court that pauses a particular action or proceeding (like the execution of a lower court’s order) until the court can hear the case in more detail.

5. Is a “Review Petition” the same as an appeal?

No. An appeal is when you challenge a lower court’s decision in a higher court (e.g., High Court to Supreme Court). A Review Petition is filed in the same court that gave the judgment, asking it to correct a major, obvious error in its own decision.