Supreme Court can be approached directly , as per Article 32, 136, PIL, Election Petition etc. The procedure for approaching the Supreme Court is different from the other courts.
NEW DELHI: The Supreme Court of India plays a pivotal role in safeguarding justice, constitutional values, and the rule of law. While most legal matters reach the Supreme Court through a hierarchy of appeals, certain circumstances allow individuals and entities to directly approach the Court. These routes are enshrined in the Constitution and legal statutes, and each has a specific purpose, threshold, and scope.
In this blog, we examine the different ways to approach the Supreme Court of India directly, highlighting the legal provisions, scope, procedure, and key examples.
Article 32 – Right to Constitutional Remedies
What is Article 32?
Article 32. Remedies for enforcement of rights conferred by this Part
1.The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
2. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
3. Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
4. The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Article 32 of the Indian Constitution gives individuals the right to move the Supreme Court directly for the enforcement of Fundamental Rights. It empowers the Court to issue writs for the protection of these rights.
Scope and Importance
- It is a guaranteed remedy against State actions violating Fundamental Rights.
- Citizens need not go through lower courts—they can go straight to the Supreme Court if a fundamental right is infringed.
- This provision is justiciable and enforceable against the State and its agencies.
Types of Writs Issued
- Habeas Corpus – To secure the release of a person detained illegally.
- Mandamus – To compel public authorities to perform a duty.
- Prohibition – To prohibit lower courts or tribunals from exceeding jurisdiction.
- Certiorari – To quash an unlawful order or decision by a judicial or quasi-judicial authority.
- Quo Warranto – To challenge a person’s legal right to hold a public office.
Example
If a journalist is arrested without legal justification, they or someone on their behalf can directly approach the Supreme Court under Article 32 for a writ of Habeas Corpus.
Who can file?
- The aggrieved individual
- NGOs or advocates through Public Interest Litigation (PIL)
Article 131 – Original Jurisdiction in Inter-Governmental Disputes
What is Article 131?
Article 131 grants the Supreme Court original jurisdiction in disputes between:
- The Government of India and one or more States, or
- Two or more States
Article 131 – Original jurisdiction of the Supreme Court
Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute —
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c) between two or more States,if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:
Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.
Conditions for Use
- The dispute must involve a question of law or fact affecting legal rights.
- It cannot be a political disagreement or administrative issue alone.
Scope
- This route is only open to States and the Union, not to private individuals.
- It is meant to preserve federal balance between the Union and States.
Example: If the State of Kerala disagrees with the Centre over the allocation of river waters, and this affects its legal right under a binding agreement, it can file a suit directly before the Supreme Court under Article 131.
Article 136 – Special Leave Petition (SLP)
What is Article 136?
Article 136 gives the Supreme Court discretionary power to grant Special Leave to Appeal against:
- Any judgment
- Decree
- Determination or order of any court or tribunal (except military tribunals)
Article 136 – Special leave to appeal by the Supreme Court
- Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
- Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
Key Features
- It is not a matter of right—the Court may refuse to entertain the appeal.
- It serves as a residual power of the Supreme Court to prevent miscarriage of justice.
- Frequently used when all other appellate remedies are exhausted.
When to file an SLP
- When there’s a grave error in law or injustice done by the High Court or tribunal.
- Even interlocutory orders (not final decisions) may be challenged in rare cases.
Procedure
- File an SLP petition within 90 days from the date of judgment.
- Must be filed through an Advocate-on-Record (AOR).
Example: If a High Court upholds a conviction in a criminal appeal, and the accused believes it is unjust, an SLP can be filed directly in the Supreme Court.
Public Interest Litigation (PIL) under Article 32
What is a PIL?
A Public Interest Litigation (PIL) is a legal action filed in the Court not for personal gain, but in the interest of the public at large, especially on behalf of the disadvantaged or marginalized.
Key Features
- Loosens the traditional rule of locus standi (legal standing).
- Encourages access to justice for those who cannot afford or are unaware of legal remedies.
- Can be filed through a letter, email, or formal petition.
Areas Where PILs Have Been Effective
- Environmental protection
- Child and bonded labor
- Women’s rights and custodial violence
- Corruption and administrative inefficiency
Example: The famous Vishaka case, which led to guidelines on workplace sexual harassment, began as a PIL filed directly in the Supreme Court.
Election Petitions Under Article 71 and the Presidential/Vice-Presidential Elections Act
What is Article 71?
Under Article 71, the Supreme Court has exclusive jurisdiction to handle disputes regarding the election of the President and Vice President of India.
Who Can File Such Petitions
- A candidate contesting the election
- An elector
- An affected party
Procedure
- Must be filed within 30 days of the declaration of results.
- The procedure is governed by the Presidential and Vice-Presidential Elections Act, 1952.
Example: If a candidate alleges malpractice or violation of election rules in a Presidential election, they must directly approach the Supreme Court.
Contempt of Court Under Article 129
What is Article 129?
Article 129 declares the Supreme Court a “Court of Record” and grants it the power to punish for contempt of itself.
Types of Contempt
- Civil Contempt – Willful disobedience of court orders.
- Criminal Contempt – Any act or publication that scandalizes the court or lowers its authority.
Scope
- A party accused of contempt may be summoned directly by the Supreme Court.
- No lower court has jurisdiction in such matters.
Example: If someone publicly makes derogatory and scandalous remarks undermining the authority of the Supreme Court, the Court may initiate suo moto contempt proceedings.
Procedure for Filing a Case in the Supreme Court
- Consult an Advocate-on-Record (AOR):
- Only AORs are authorized to file petitions in the Supreme Court.
- Draft the Petition:
- Includes the facts, legal issues, jurisdiction, grounds, and prayer for relief.
- Must be verified by an affidavit.
- Pay the Court Fee:
- As prescribed under the Supreme Court Rules.
- File the Petition:
- Submitted at the Supreme Court registry.
- Must comply with formatting and procedural rules.
- Listing and Hearing:
- Petition is first listed for preliminary hearing (admission).
- If admitted, it proceeds to regular hearing with written submissions, affidavits, and oral arguments.
The Supreme Court of India offers multiple constitutional and statutory routes for direct access, serving as the ultimate guardian of justice and constitutional integrity. Whether it’s to enforce fundamental rights, resolve federal disputes, raise matters of public interest, or challenge gross miscarriages of justice, the Court provides avenues for direct intervention—each with a specific purpose and threshold.
Understanding these mechanisms empowers individuals and organizations to seek remedies effectively while maintaining respect for judicial discipline and process.
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