The Supreme Court is the highest judiciary in India. In a situation where an individual feels deprived of justice within the lower courts, the Supreme Court often represents a beacon of hope. In India, the rulings of the Supreme Court are widely regarded as the final authority, and its decisions cannot be contested.
When justice is not served in the Sessions Court, District Court, or High Court, individuals may seek recourse by approaching the Supreme Court. However, access to the Supreme Court is not unrestricted; specific criteria must be met before a case can be filed. Today, we will explore the straightforward process for seeking justice from the Supreme Court.
Only certain types of cases are eligible for appeal in the Supreme Court.
There are two primary avenues for submitting a petition to the Supreme Court. The first involves cases that have already been adjudicated by a High Court. If a party is dissatisfied with the High Court’s ruling, they may appeal to the Supreme Court. The second avenue allows for the direct filing of cases concerning fundamental rights, public interest litigation, or significant national issues.
How to appeal in the Supreme Court
To take a case to the Supreme Court, you’ll need a lawyer who’s experienced in that arena. If you don’t know any lawyers, you can check out the Supreme Court Bar Association’s website for some options.
Your lawyer will draft your petition, and it’s crucial that they fully understand your case. The petition must include the decisions from both the High Court and the lower court, along with your reasons for being unhappy with those decisions.
You’ll also need to gather some documents during this process. This includes a copy of the initial court order, your ID, and any other relevant paperwork. Your petition will be submitted to the Registrar’s Office at the Supreme Court first.
The Registrar will check if your petition meets the Supreme Court’s requirements. There’s also a fee to file your case, which varies based on the type and level of your petition.