1. Supreme Court
Of India
[Practice &
Procedure]
THEN & NOW
A Dohra Group Study & Research Initiative
S.R. PANDA ICJ, LONDON(UK)
© All Rights Reserved/For Private circulation only

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3. CONTENTS
Establishment of Humble Supreme Court of India
at New Delhi
Jurisdiction
Public Interest Litigation (PIL)
Letter Petitions (LP)
Caveats
Limitation and Court Fee(s)
Allocation, Listing of cases, cause list & other
informations
Top Law Schools & Courses after XII/10+2 (5
Years)
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4. Establishment of Humble Supreme
Court
The Humble Supreme court of India, as it is
presently located at Tilak Marg, New Delhi in the
National capital of India, has a long history of its
back since more than 50 years. During the British
regime of ancient India, the King in council...l (or,
the privy council, as it was generally called and
popularly known), was the highest forum to
entertain appeals from the judgments and orders
passed by various other courts of law in India .On
enactment of judicial committee Act 1833, it come
to be called the judicial committee of Privy
Council. The decisions of the judicial committee
used to be couched in advisory form, though in
practice, the crown always accepted its advice
and it was unthinkable that its report will not be
given effect to.

5. It was felt that appeal to the privy council was very costly and
beyond the means of common man and it was also felt that
it detracted the self respect of the Indian people. Hence,
there was a rising demand for establishment of Humble
Supreme court of India.
Thereafter the Govt. of India Act 1935 introduced a federal
constitution of India involving distribution of powers between
centre and the constitutional units. The Federal court of India
began functioning with effect from 1st October 1937.The
appellate jurisdiction of the Federal court was enlarged by
enactment of Act No.1 of 1948.Just after the independence
in August 15 1947 and with effect from,10th October
1949,appeals to the privy council were abolished all together
and entire appellate jurisdiction was vested in the federal
court .On 26th January 1950, the federal court gave way to
the Humble Supreme court of India under the New
Constitution.
The supreme court of India was formally inaugurated on
28th January 1950 by then, the first Attorney General For
India. The Court initially functioned in the chamber of princes
(a part of the present parliament house), where federal court
used to sit from 1937 to 1950.It shifted to its own building at
Tilak Marg and started functioning there on 4th August 1958

6. Jurisdiction of Hon’ble Supreme Cour
 There are three pillars of constitution namely-
(1) Judiciary
(2) The comptroller & Auditor general of India (CAG)
(3) The Public service commissions most importantly, the constitution
provides for a separation of Judiciary from the executive at all levels
throughout the country.
This is because , most probably, the framers of constitution lead by
then famous lawyers of constituent assembly like Dr. B.R. Ambedkar had
thought to maintain to independence of judiciary not only in the interest
of people of India but also in the service of Human Society. It’s no doubt,,
in a Federal state like India, it is essential to have independent judiciary
for preserving the sanctity of the constitution on the one hand and or the
other, interpreting the constitution in the interest of public, at large. This
was(and even now is) necessarily for
For (a) maintaining the division of powers between union govt. /central govt.
& state govt. & also between the subordinate branches of the govt.
And (b) avoiding encroachment upon each other’s powers & sphere of
activity by nullifying any action on the part of the union govt. /state govt.
or, their different organs which violate the provisions of the constitution.
and hence, the “Idea" of a people’s court the honourable supreme court of
India as the Apex temple of Law (Ref. Satyamev Jayete…”bhagwat

7. (I) “Equality before law” & “Equal Protection of the la
All persons are equal before law-is the basis of every
civilised
constitution. But Article 14 to 18 of the constitution defines
the “RIGHT TO EQUALITY” something more interesting
viz:-
 Art 14 : The state shall not deny to any person equality
before law or, the equal protection of the laws within the
territory of India.
 Art 15 : It provides for prohibition of discrimination on
ground of religion, race, caste sex or, place of birth.
 Art 16 : It provides for equality of opportunity in the
matters of public employment.
 Art 17 : It provides for Abolition of untouchability.
 Art 18 : It provides for Abolition of titles.

8. To sum up both the expressions- “equality before law”
and
“equal protection of the Laws" under Art.14 mean
different
things. “Equality before law”- is a negative concept,
derived
from the English concept, derived from the English
common
law while “equal protection of the laws” is a positive
concept and it implied equality of treatment in equal
circumstances.
In other words, it means- “that among equals the law
should be treated equal & equally administered, that
like
should be treated alike……” & among unequals SAME

9. In the case of Indra Sawhney vs. union of India (more
popularly known as Mandal commission Case) it has
settled
the position that Art.16(4) is NOT AN EXCEPTION of
Art.16 (1) or (2), rather it is an emphatic application of
Art.16(1).The Hon’ble Supreme Court of India further
held that-
• Reservation of appointments or, posts under Art.16(4)
is confined to initial appointments only and can NOT
extend to providing reservation in the matter of
promotion.
• Following are the services , which are excluded from
the rules of reservation; namely:-
 Defence (technical) services,
Technical posts in R & D,
Teaching posts of professors & above posts in
super specialists in medicine, engineering. etc.

10. (II) The Right to move the Supreme Court:-
Art.32 of Indian Constitution provides the Right to
move the Supreme Court by appropriate
proceedings
& shall have power to issue directions or, orders
or,
writs, including writs in the nature of
 Habeas Corpus,
 Mandamus,
 Prohibition,
 Quo warranto
 Certiorari,
Whichever may be appropriate, for the

11. (III) Appellate power of Supreme Court:-
Following are the appellate power of the Supreme Court under the
Constitution of India viz:-
(a) Art.132:- It provides for an appeal lies to the Supreme court from any
judgement, decree or, final order of a High court, whether in civil,
criminal or, other proceedings, if the High Court certifies that the case
involves a substantial question of law as to the interpretation of the
constitution.
(b) Art.133:- It provides for an appeal to the Supreme Court from any
judgement, decree or, final order in a civil proceeding of a High Court
if the high Court Certifies that the Case involves a substantial
question of law of general importance and in its opinion, the said
question needs to be decided by the Supreme Court.
(c) Art.134:- It provides for an appeal to the Supreme court from any
judgement, final order or, sentence in a criminal proceedings of a
High Court if
1) it has on appeal reversed an order of acquittal of an accused
person and sentenced him to death Or,
2) has withdrawn for trial before itself, any case from any court
subordinate to it & has in such trial convicted the accused &
sentenced him to death Or,
3) it certifies that the case is a fit one for appeal to the Supreme
Court.

12. (IV) Special Leave Petition (SLP):-
Art.136 of the Constitution of India read with Order XVI, Rule-4 (1)(a)
of the Supreme Court Rules Provides that-
“The Supreme Court may in its discretion great special
leave
to appeal from any judgement, decree, determination, sentence or
order in
any case or, matter passed or made by any court or tribunal
constituted by
or, under any law relating to armed forces.
The petitioner –in-person may file the SLP (C) in prescribed
form (APPENDIX-I) as provided Under the Supreme Court Rules
along with other legal formalities like court fee(s), certified copy of
the impugned judgment of the Court Below, List of dates, Affidavit
etc. as prescribed under the said Rules. If necessary it can also be
filled through a member of Supreme court advocate-on-Record
Association and/or settled by a member of Supreme Court Bar
Association/Preferably for all practical purposes.

13. (V) Contempt jurisdiction of Hon’ble Supreme Cour
Art.129 Constitution of India,1950 provides that the
Supreme
Court is a Court of record & shall have all the powers of
such
a court including the power to punish for contempt of
itself.
However, Fair & reasonable criticism of a judicial
act
in the interest of the public good does not amount to
contempt. But it is a contempt to publish in a news paper
a
photograph of a person charged with a offence when a

14. (VI) Jurisdiction of Hon’ble Supreme Court of India in the
matter of Domestic Arbitration:-
Arbitration is one of the oldest methods of setting civil disputes
between two or, more persons by reference of the dispute to an
independent and impartial third person, called Arbitrator, instead of
Litigating the matter in the usual way through the courts. It saves
time
& expense. It also avoids unnecessary technicalities a& at the same
time ensures “Substantial justice within limits of the law.”
Old Act Vs. New Act:- This was the ‘hot Question’ amongst many of
our learned friends that whether provisions contained in the
Arbitration Ac, 1940 (Old Act/ 1940 Act, in Short) would govern the
proceedings arising out of the award on the Arbitration & conciliation
Act 1996 (New- Act/!((^ Act, in short).I simply said ‘NO’
It is important to NOTE here that an Arbitrator, duly appointed
under
this Act is an extra-judicial tribunal whose decision is binding on the
parties concerned in all respects & conclusive in nature.

15. (VII) Jurisdiction of Hon’ble Supreme Court Freedom of
trade, commerce & intercourse within the territory of India :-
The freedom of trade & commerce is an important topic under the
constitutional law. It has also significant impact to our economy
business & corporate houses. All the constitutional Provisions
relating
to the same is governed by pat-XII of the Indian Constitution. There
are series of judgements from various court of law including High
Court(s).The Hon’ble Supreme court of India has laid down the
principle of law differently on significant issues under this part of the
Constitution.
In state Bombay Vs. Chamarbaugwala, the Hon’ble Supreme
Court held that the protection offered by Art.301 is confined to such
activities as may be regarded a lawful trading activity & does not
expend to an activity which is res extra commercium & can not be
said to be trade. It can not be said to be ‘trade’. It can not include
activities which are inherently pernicious, such as trafficking in
women;

16. hiring of goondas for committing crimes (Ref.Chobe Vs.
Palnitkar).
Further it can not include gambling & that accordingly there is
NO
question of the application of Art.301 or, 304 ti law made for the
suppression of such activities( Atiabari Tea co. Vs. State of
Assam)
To simplify ,the freedom of trade and commerce between
the
state is not made absolute but is subject to the exception, as
enumerated under the remaining constitutional provisions under
part-
XIII
It is important to note here that Art.305 was
added by the constitution (4th amendment) Act, 1955. It declares
that
any law providing for state monopoly shall be protected.

17. (VIII) Statutory Appeals before Hon’ble Supreme Court of
India:-
Following are the important statutes which can be considered at this
stage;
Namely:-
(1) Cr.P.C(Code of Criminal procedure 1973)
(2) Supreme Court(enlargement of criminal Appellate jurisdiction)
Act,1970.
(3) Supreme Court(enlargement of criminal Appellate jurisdiction)
Amendment Act, 1972.
(4) Customs Act
(5) Central Excise and salt Act.
(6) Consumer Protection Act, 1986.(COPRA)
(7) Contempt of Courts Act, !971.
(8) Advocates Act, 1961
(9) Representation of people Act
(10) Special Court (Trial of offences relating to transaction and
securities) Act 1992
(11) MRTP (Monopolies and Restrictive- Trade Practices Act.

18. (12) TRAI Act (Telecom Regulatory- Authority of India Act)
(13) SEBI Act (Securities & Exchange Board of India Act)
(14) Income Tax Act.
(15) TADA [territories 7 disruptive Activities (prevention) Act,
1987]
It is important to note here that in all the above
cases,
the Hon’ble Supreme Court Of India has jurisdiction to entertain
appeals as provided under the respective statutes. Further,
accordingly
the nature of the matters/ cases, the period of Limitation and
Court
fee(s) is also prescribed

19. (IX) ORGINAL JURISDICTION:-
The original jurisdiction of Hon’ble supreme court of India
includes the following writs viz:
(1) Art.32 of the Constitution of India ,1950.
(2) Original suits under Art.13 of the Constitution of India 1950
(3) Transfer of cases under Art. 139 A(1) of the Constitution of
India, 1950.
(4) Transfer of cases under Art.139A(2) of Constitution of India,
1950.
(5) Transfer of cases under sec. 25 of the code of civil
procedure
(6) Transfer of cases under sec.406 of code of criminal
procedure.
(7) Election disputes under Art.71 of constitution of India of
India, 1950.

20. (X) ADVISORY JURISDICTION:-
This is another important jurisdiction of Hon’ble Supreme Court
of
India & includes the following:-
(a) Art.143(1) of the Constitution of India, 1950.
(b) Art. 317 of the Constitution of India,1950.
(XI) REFERENCES:-
This part of Jurisdiction includes following to sections viz:-
(a) Sec.257 of Income Tax Act.
(b) Sec. 7(2) of the MRTP Act.

21. (XII) REVIEWS:-
THIS IS ANOTHER IMPORTANT PART OF JURISDICTION UNDER
Art.137 of the constitution of India 1950.Accordingly, it Provides that
subject to provisions of any law & rules mote under Art.145, the
Hon’ble supreme court of India has the power to review any
judgement pronounced or, order made by it.
Under the Supreme court Rules, 1996 such a petition is to be
filled within 30 days, from the date of judgement or, order and as far
As practicable, it is to be circulated, without oral arguments, to the
same bench of judges who delivered the judgement or order sought
to be reviewed.
The Hon’ble Supreme Court has laid down the law in the case of
Rupa Ashok Hurrah Vs. Ashok Hurrach that even after dismiss of a
review petition under Art.137 of the constitution of India, the Hon’ble
Supreme Court may entertain a CURATIVE-PETITION & re consider
its judgement/order, in exercise of its inherent powers in order to
prevent
abuse of its process, to cure gross miscarriage of justice.

22. Public Interest Litigation (PIL)
Introduction:- A Public Interest Litigation (PIL) is meant for enforcement of
fundamental & other legal rights of the people who are poor, weak, ignoran
of legal redressal system Or, otherwise in a disadvantageous position, due
their social or, economic background. Such Litigation can be initiated only
redressal of a public injury, enforcement of a public duty or, vindicating
interest of public nature. It is necessary that the petition is not for personal
gain or, for other extraneous consideration & is field benefits in public
interest.
It is very important to note here that a ‘PIL’ ever stands for
public interest Litigation not for private/personal interest litigation and can b
discussed as here under:-
(i) The matters of public interest
(ii) The matters of private nature
(iii) Filing works/procedure
(iv) Letter Petition
(v) Jail Petitions
(vi) Supply of copies & Inspection of Record
(vii) Legal Aid & Advice

23. As discussed above, A ‘PIL’ arising out of socio-legal issues & where
in the
interest of public is involved, may include the following:-
 Bonded Labour Matters
 Matters of neglected children
 Exploitation of casual labourers & Non-payment of wages to
them(expect
in- individual cases)
 Matters of harassment or, torture of persons belonging to SC/ST &
Economically Backward classes either by co-villagers Or, by police.
 Matters relating to environmental pollution, disturbance of
ecological balance, drugs, food adulteration, maintenance of
heritage & culture, antiques, forests & wild life etc.
The matters of private nature includes
I. Threat to or, harassment of the petitioner by private persons
II. Seeking enquiry by an agency other than local police
III. Seeking police protection
IV. Landlord- tenant dispute
V. Service matters
VI. Admission to Medical/Engineering Colleges

24. Letter
Petitions:-
Petitions received by post even through not in public interest, can be
treated
as writ petitions if so directed by the Hon’ble judge nominated for this
purpose, & includes the following:-
 Individual petitions complaining harassment or, torture or , death in
Jail, by Police,
 Complaining harassment such as harassment for dowry, bride
burning, rape, murder & kidnapping,
 Complaints relating to family pensions &
 Complaints of refusal by police to register the case, can be
registered as writ petitions, if so approved by the concerned
Hon’ble judge.
If deemed expedient, a report from the concerned
authority is called before placing the matter before the Hon’ble
judge for directions. If so directed by the Hon’ble judge, the letter is
registered as a writ petition & is thereafter listed before the court
before hearing.

25. Jail
Petitions:-
If a person is in the jail& is not represented by an AOR, he can submit
his
Petition, along with the certified copy of the impugned judgement &
written
arguments which he desires to advance in support of his petition, to
the
OIC of the jail where he is lodged. The OIC of the jail forwards the
petition
to the Hon’ble Supreme Court of India the copy of trial court
judgement &
in case, the petition has been filed after expiry of the prescribed
period of
Limitation, an application for condonation of delay, is required to be
filled
with the petition.
The date on which thee petition is presented before the

26. CAVEAT
SWhere a petition, not relating to any pending appeal, is expected to be
filed
but has not yet been heard, any person claiming right to appear
before the
Court on the hearing of such petition, may lodge a caveat in that
matter.
As & when, any such petition is filed, the registry will send a
notice of
Lodgement of the petition to him & shall require the petitioner to serve
copy of the petition upon the caveator, along with the copies of the
papers
filed in support of the petition. If the petition has already been filed,
the
petitioner shall be required to serve copy of thew petition upon the
caveator & deliver copies of papers filed in support of the petition to
him.
It is very pertinent to mention here that a [person

27. Limitation & court fee(s)
The Supreme Court Rules provides payment of court fee(S), differently
for
different matters are prescribed there in. Further, the petition/appeal is
confined only to the pleadings in the court/tribunal below & if not,
application
For taking additional grounds/documents has been filed with affidavit &
court
fee(s). If there are vernacular-documents/portions/lines (say
Hindi/Tamil), an
Application for exemption from filing official translation, with affidavit and
court fee(s) has been filed. If the Petition/ Appeal is time barred, an
application
for condonation of delay mentioning the no. of days of delay, with
affidavit &
court fee has been filed.
“No court Fee(s) is payable on the matter of
(i) Reference

28. Allocation, Listing of cause Lists
Under the of the land, the Hon’ble Supreme court of India is the
Highest
Court & has inherent power to deal with all types of cases. The
matters
expected to be filed in the Hon’ble Supreme Court of India have been
divided into 45 subject Sub categories, as here under:-
 LABOUR MATTERS: 0101 to 0111
 RENT ACT MATTERS: 0201 to 0206
 DIRECT TAXES MATTERS: 0301 to 0323
 INDIRECT TAXES MATTERS: 0401 to 0433
 LAND ACQUISITION & REQUISITION MATTERS:- 0501 to 0504
 SERVICE MATTERS: 0601 to 0613
 ACADEMIC MATTERS: 0701 to 0706
 LETTER PETITION & PIL MATTERS: 0801 to 0812
 ELECTION MATTERS: 0901 to 0911
 COMPANY LAW, MRTP & ALLIED MATTERS: 1001 TO1008

29.  HABEAS CORPUS MATTERS
 CRIMINAL MATTERS: 1401 to1425
 APPEAL AGAINST ORDERS OF STATUTORY BODIES:
1501&1502
 FAMILY LAW MATTERS: 1601 to 1611
 COMTEMPT OF COURT MATTERS: 1701 to 1705
 ORDINARY CIVIL MATTERS: 1801to 1817
 THREE JUDGES BENCH MATTER
 FIVE JUDGES BENCH MATTER
 ELEVEN JUDGES BENCH MATTER
 SEVEN JUDGES BENCH MATTER
 NINE JUDGES BENCH MATTER
 APPOINTMENT ETC. OF CONTITUTIONAL FUCTIONARIES: 2401
to 2407
 STATUTORY APPOINTMENTS: 2501 to 2504
 PERSONAL LAW MATTERS: 2601 to 2605
 RELIGIOUS & CHARITABLE ENDOWMENTS: 2701 to 2703
 MERCANTILE LAWS, COMMERCIAL TRANSACTIONS
INCLUDING BANKING: 2801 to 2811
 SIMPILE MONEY & MORTGAGE MATTERS ETC.: 2901 to 2903

30.  ADMISSION TO EDUCATIONAL INSTITUTIONS OTHER THAN
MEDICAL & ENGINEERING
 ESTABLISHMENT & RECOGNITION OF EDUCATIONAL
INSTITUTION
 EVICTION UNDER THE PUBLIC PREMISES (EVICTION) ACT
 MINES, MINERALS & MINING LEASES
 LAND LAWS & AGRICULTURAL TENANCIES: 3501 to 3505
 ADMIRALITY & MARITIME LAWS
 MATTERS RELATING TO COMMISIONS OF ENQUIRY
 MATTERS RELATING TO CONSUMER PROTECTION: 3801& 3802
 MATERS PERTAINING TO ARMED FORCES & PARAMILITARY
FORCES
 ADMISSON/TRANSFER TO ENGINEERING & MEDICAL COLLEGES
4001 to 4003
 ALLOCATION OF 15% ALL INDIA QUOTA IN ADMISSION/TRANSFER
TO MEDICAL COLLEGES
 MATTERS RELATING TO LEASES, GOVT. CONTRACTS & BY LOCA
BODIES.
 STATE EXCISE- TRADING IN LIQUOR- PRIVILEGES, LICENCES –
DISTILLERIES BREWERIES

31. Top Law Schools & Courses after
XII/10+2 (5 Years)
1. National Law School of India University (NLUSIU), Bangalore.
2. National Academy of Legal & Sociological Research(NALSAR),
Hyderabad.
3. The West Bengal National University of Juridical Sciences,
(NUJS),Kolkata.
4. National Law Institute University (NLIU) Bhopal.
5. National Law University (NLU) Gandhi Nagar.
6. National Law University (NLU) Jodhpur.
7. Hidayatullah National Law University (HNLU) Raipur.
8. Harvard University, USA
9. Oxford University, UK
B.TECH, B.SC, BBA, B.COM,LLB
(Hons.)