Types of Cases Filed in the Supreme Court of India

Types of Cases Filed in the Supreme Court of India

1. Writ Petitions (Under Article 32)

  • Filed directly in the Supreme Court for the enforcement of Fundamental Rights.

  • Can seek writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto.

  • Example: Right to privacy violation, illegal detention, internet shutdowns.

2. Public Interest Litigations (PIL)

  • Subset of writ petitions for public causes, often affecting marginalized groups.

  • Filed by individuals or NGOs for environmental issues, corruption, human rights, etc.

  • No requirement for the petitioner to be personally affected.

3. Special Leave Petitions (SLP) – Article 136

  • Allows the Court to grant leave to appeal against any judgment of a High Court or tribunal.

  • Covers civil, criminal, tax, or service matters.

  • It’s the most common category of litigation in the Supreme Court.

4. Civil Appeals

  • Filed against judgments or decrees of lower courts (including High Courts).

  • Covers property disputes, family matters, contract issues, etc.

5. Criminal Appeals

  • Filed against High Court judgments in criminal matters.

  • Often involve death penalty confirmations, acquittals, convictions, bail decisions.

6. Review Petitions (Article 137)

  • Request for the Court to review its own judgment if there is an apparent error or new evidence.

  • Must be filed within 30 days from the judgment date.

7. Curative Petitions

  • Filed after a review petition is dismissed, under very rare circumstances.

  • Based on gross miscarriage of justice or bias.

  • Considered by the same bench that delivered the original judgment.

8. Transfer Petitions

  • Request to transfer a case from one court to another (usually from one High Court to another).

  • Filed under Article 139A or Section 406 of CrPC for civil or criminal cases.

9. Election Petitions

  • Filed regarding disputes in presidential or vice-presidential elections.

  • Only Supreme Court has jurisdiction (under Article 71).

10. Contempt Petitions

  • Filed to punish or prevent contempt of court – either civil or criminal.

  • Can be against individuals, institutions, or even government bodies.

11. Advisory Jurisdiction (Article 143)

  • The President of India may refer legal or constitutional questions to the SC for advice.

  • The advice is not binding.

12. Constitutional Bench References

  • Larger benches (5+ judges) decide matters involving interpretation of the Constitution.

  • Examples: Basic structure doctrine, reservation policy, federal disputes.

13. Interlocutory Applications

  • Interim applications filed during the pendency of a main matter.

  • For urgent reliefs like stay orders, injunctions, bail, etc.

14. Original Suits (Article 131)

  • Filed by States or the Union for disputes between them.

  • E.g., inter-state water disputes, boundary issues, tax jurisdiction.

📊 Quick Classification Summary

Type of Case Jurisdiction Article/Law Reference
Writ Petition Original Article 32
Public Interest Litigation Original Article 32
Special Leave Petition Appellate (Discretionary) Article 136
Civil Appeal Appellate Civil Procedure Code
Criminal Appeal Appellate Criminal Procedure Code
Review Petition Review Article 137
Curative Petition Post-Review Judicial Precedent
Transfer Petition Supervisory Article 139A / Sec 406 CrPC
Contempt Petition Penal/Protective Contempt of Courts Act
Election Petition Exclusive Original Article 71
Advisory Opinion Advisory Article 143
Original Suit Original Article 131
https://canada.legallightconsulting.com

Leave a Comment

Your email address will not be published. Required fields are marked *

*
*

error: Content is protected !!