Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Definition and Authority of Supreme Court Practice and Procedure - The practice and procedure of the Supreme Court are governed by rules made under Article 136 of the Constitution of India, which grants the Court the authority to formulate such rules to regulate its proceedings, including rules concerning persons practicing before it ["NESTLE LANKA PLC VS. RAJAPAKSHE"], ["Anju Mishra VS High Court of Judicature at Patna - Patna"], ["Sivan Pillai v. Rajamohan and Others - Kerala"].
Legal Basis for Rules - Article 145 of the Constitution empowers the Supreme Court, with Presidential approval, to make rules for its practice and procedure, ensuring the smooth functioning of the Court ["Anju Mishra VS High Court of Judicature at Patna - Patna"]. These rules are designed to streamline court processes, including filing procedures, hearings, and practice norms for advocates ["NESTLE LANKA PLC VS. RAJAPAKSHE"], ["SUDATH ROHANA AND ANOTHER V. MOHAMED ZEENA AND ANOTHER"].
Practice Norms and Precedents - The Court has established longstanding practices, such as marking appearances of advocates and following specific procedures for applications like leave to appeal. These practices are rooted in historical judicial decisions and are maintained to ensure orderliness and consistency ["Sivan Pillai v. Rajamohan and Others - Kerala"], ["SUDATH ROHANA AND ANOTHER V. MOHAMED ZEENA AND ANOTHER"], ["BOYAGODA v. MENDIS et al."].
Role of Rules in Court Proceedings - Supreme Court Rules regulate various aspects including applications, pleadings, representation, and designation of advocates (e.g., Senior Advocates). These rules are mandatory and must be adhered to by practitioners to ensure proper adjudication ["NESTLE LANKA PLC VS. RAJAPAKSHE"], ["Manjeet Kaur D/o Late Govind Singh Tak VS Bar Council of Maharashtra and Goa - Bombay"], ["Kota Co-op. Agricultural Bank Ltd. and Another v. State of Karnataka and Others - Karnataka"].
Variations and Adaptations in Practice - The Court has adapted procedures based on circumstances, such as virtual hearings during the pandemic, and has issued practice directions to accommodate evolving needs while maintaining procedural integrity ["Sunil Garg v. Munnalal Halwai and Others - Bombay"], ["District Collector, District Collector Office, Karur District vs P. Naveen Kumar - Madras"].
Enforcement and Practice in Other Jurisdictions - The Supreme Court’s practice is aligned with principles observed in other common law jurisdictions like the UK and the US, which also have formal rules and directions governing court procedures, including rules for advocates and case management ["Sunil Garg v. Munnalal Halwai and Others - Bombay"].
Analysis and Conclusion:Supreme Court Practice and Procedure are primarily governed by constitutional provisions (Articles 136 and 145), which empower the Court to formulate rules to regulate its proceedings and advocate practice. These rules encompass filing procedures, representation norms, and special practices like designation of Senior Advocates, ensuring orderly and efficient adjudication. The Court’s practices are rooted in historical precedents and are periodically updated to meet contemporary needs, including technological adaptations. Overall, Supreme Court Practice and Procedure serve to uphold judicial discipline, consistency, and fairness in the Court’s functioning ["NESTLE LANKA PLC VS. RAJAPAKSHE"], ["Sivan Pillai v. Rajamohan and Others - Kerala"], ["SUDATH ROHANA AND ANOTHER V. MOHAMED ZEENA AND ANOTHER"].
The Supreme Court of India stands as the pinnacle of the nation's judiciary, safeguarding constitutional rights and delivering justice. But how does this apex court manage its day-to-day operations? What governs the filing of cases, hearings, and decisions? For advocates, litigants, and legal enthusiasts, grasping Supreme Court practice and procedure is crucial. This guide breaks it down, drawing from statutory rules, constitutional provisions, and judicial precedents. Note: This is general information and not specific legal advice; consult a qualified lawyer for your situation.
Supreme Court Practice and Procedure refers to the established rules, conventions, and practices that govern how the Supreme Court of India conducts its judicial functions. This includes case management, filing petitions, hearings, and decision-making processes. These procedures aim to ensure justice is administered efficiently, fairly, and transparently, while upholding institutional integrity and public confidence Shanti Bhushan VS Supreme Court of India Through Its Registrar - 2018 6 Supreme 304.
As the highest court, its operations are not arbitrary. They are rooted in statutory frameworks like the Supreme Court Rules, 2013, which carry statutory force and must be strictly followed by officers and advocates Additional District and Sessions Judge ''''X'''' VS Registrar General, High Court of Madhya Pradesh - 2014 0 Supreme(SC) 912Harmanpreet Singh VS State Of Punjab - 2025 0 Supreme(SC) 1349. The Supreme Court being the highest court of the country, the practice and procedure being followed in the Supreme Court proceedings by the Advocates and Officers of the Supreme Court have to be strictly in accordance with the Statutory Rules framed by it Supreme Court Bar Association VS State of Uttar Pradesh - 2025 3 Supreme 477.
The cornerstone is the Supreme Court Rules, 2013, which detail filing documents, advocate appearances, case listings, and more. These rules promote orderly functioning and are supplemented by internal handbooks like the Supreme Court Practice and Office Procedure Shanti Bhushan VS Supreme Court of India Through Its Registrar - 2018 6 Supreme 304.
Similar to how the Civil Procedure Code guides lower courts, the Supreme Court Rules thus regulate the practice and procedure of the Supreme Court ATTANAYAKE V. COMMISSIONER GENERAL OF ELECTIONS. Article 145 of the Constitution empowers the Court to make rules for its practice and procedure, subject to Presidential approval N. Saidinesh VS State of Andhra Pradesh - 2020 Supreme(AP) 753Mehtab Laiq Ahmed Shaikh of Mumbai VS State of Maharashtra Through its Principal Secretary to the Urban Development Department - 2017 Supreme(Bom) 1627.
The Court wields inherent powers under Articles 129 (declaring it a court of record) and 142 (complete justice). These allow suo motu actions, procedural corrections, and directions to prevent injustice In Re: Prashant Bhushan VS . - 2020 4 Supreme 365. However, such powers are exercised judiciously, within constitutional bounds, emphasizing natural justice.
Detailed protocols exist for filing petitions, pleadings, and appearances:- Advocates must submit Appearance Slips via the Court's website (Form No. 30) Supreme Court Bar Association VS State of Uttar Pradesh - 2025 3 Supreme 477.- Vakalatnama certification: If executed before an Advocate-on-Record (AOR), they certify it; otherwise, endorse due execution Supreme Court Bar Association VS State of Uttar Pradesh - 2025 3 Supreme 477.- Only physically present advocates arguing or assisting are recorded in proceedings Supreme Court Bar Association VS State of Uttar Pradesh - 2025 3 Supreme 477.- Senior Advocates cannot appear without an AOR.
These ensure fairness and accountability in case assignment Additional District and Sessions Judge ''''X'''' VS Registrar General, High Court of Madhya Pradesh - 2014 0 Supreme(SC) 912.
Right of an Advocate to appear for a party and to practise in courts is coupled with duty to remain present in court at the time of hearing, and to participate and conduct proceedings diligently, sincerely, honestly and to the best of his ability Supreme Court Bar Association VS State of Uttar Pradesh - 2025 3 Supreme 477. Casual presence doesn't suffice; effective participation is key.
Procedures serve justice, not hinder it. The Court may relax rules, condone delays, or rectify irregularities to avoid miscarriage P. Venkatakrishnaiah Naidu VS Additional Commissioner of Income tax - 1971 0 Supreme(AP) 243. Procedural laws are meant to facilitate justice and should be construed liberally to serve the ends of justice, not as technical barriers P. Venkatakrishnaiah Naidu VS Additional Commissioner of Income tax - 1971 0 Supreme(AP) 243.
In PILs, procedures are relaxed to uphold rights, balancing formality with access to justice Bandhua Mukti Morcha VS Union Of India - 1983 0 Supreme(SC) 418. Natural justice remains paramount, allowing exceptional measures for public interest.
Historical notes highlight evolution: Early rules aligned with lower courts, but the Supreme Court developed autonomous practices Anil Kumar Vithal Shete VS State Of Maharashtra - 2006 5 Supreme 782.
Flexibility isn't absolute. Deviations causing prejudice violate natural justice and may be invalidated Harmanpreet Singh VS State Of Punjab - 2025 0 Supreme(SC) 1349. The Court cautions against technicalities defeating justice.
In appeals, all issues must be considered, especially with appeal potential Aloys Wobben VS Enercon (India) Limited - 2010 Supreme(Mad) 3817. The decision... specifically took note of the fact that when, there is a possibility of appeal all issues have to be taken up and decided Aloys Wobben VS Enercon (India) Limited - 2010 Supreme(Mad) 3817.
Constitution Benches (minimum 5 judges under Article 145(3)) handle constitutional interpretations, underscoring procedural rigor Mehtab Laiq Ahmed Shaikh of Mumbai VS State of Maharashtra Through its Principal Secretary to the Urban Development Department - 2017 Supreme(Bom) 1627.
Strict compliance is mandatory: Supreme Court Rules, 2013 as amended by Rules, 2019 having statutory force, have to be adhered to and complied with by all officers of Court as also Advocates practicing in Supreme Court Supreme Court Bar Association VS State of Uttar Pradesh - 2025 3 Supreme 477. Changes in authorization require fresh Appearance Slips.
Supreme Court practice and procedure blend rigidity for order with flexibility for justice, ensuring public confidence. Governed by the Supreme Court Rules, 2013, constitutional powers, and precedents, these mechanisms facilitate transparent adjudication. Whether filing a petition or arguing a PIL, understanding them is vital.
Key Takeaways:- Follow statutory rules strictly; flexibility exists to prevent injustice.- Leverage inherent powers judiciously.- Prioritize natural justice in all proceedings.
For tailored advice, engage a Supreme Court advocate. Stay informed as practices may update.
References:- Harmanpreet Singh VS State Of Punjab - 2025 0 Supreme(SC) 1349, Additional District and Sessions Judge ''''X'''' VS Registrar General, High Court of Madhya Pradesh - 2014 0 Supreme(SC) 912, In Re: Prashant Bhushan VS . - 2020 4 Supreme 365, Shanti Bhushan VS Supreme Court of India Through Its Registrar - 2018 6 Supreme 304, P. Venkatakrishnaiah Naidu VS Additional Commissioner of Income tax - 1971 0 Supreme(AP) 243, Supreme Court Bar Association VS State of Uttar Pradesh - 2025 3 Supreme 477, ATTANAYAKE V. COMMISSIONER GENERAL OF ELECTIONS, Mehtab Laiq Ahmed Shaikh of Mumbai VS State of Maharashtra Through its Principal Secretary to the Urban Development Department - 2017 Supreme(Bom) 1627, Aloys Wobben VS Enercon (India) Limited - 2010 Supreme(Mad) 3817.
#SupremeCourtIndia, #CourtProcedure, #LegalPractice
From the year 1978, the Supreme Court Rules of 1978 governed the practice and procedure in relation to such applications before the Supreme Court. ... Article 136 of the Constitution leaves it to the Supreme Court to make Rules regulating the practice and procedure of the Supreme Court and the Court of Appeal.2. ... Similar to the Civil Procedure Code, whic....
This practice is referred to by the Supreme Court in Ramesh Thappar v. The State of Madras (AIR 1950 SC 124) as follows: ... "S. ... In that case, it was no doubt contended that are a matter of orderly procedure, the Supreme Court should not entertain an application under Art.32 of the Constitution before resort being made by the petitioner to the High Court under Art.226. ... Procedure Code ruled that there was no longer any justification for follow....
practice and procedure of the Court, including the Rules as to persons practicing before the Court. ... The Supreme Court being the highest court of the country, the practice and procedure being followed in the Supreme Court proceedings by the Advocates and Officers of the Supreme Court have to be strictly in accordance with the Statutory Rules framed by it, and....
The Appellant preferred an application for leave to appeal to the Supreme Court against the decision of the Civil Appellate High Court on which leave to appeal was granted by the Supreme Court. ... The appellant preferred an application for leave to appeal before the Supreme Court against the said judgment of the Civil Appellate High Court on which leave to appeal was granted by this Court. ... In doing so, attention had be....
(2017) 9 SCC 766, wherein the Supreme Court has laid down the guidelines which govern the designation of Senior Advocates by the Supreme Court and all High Courts in the country. ... The foremost authority on the designation of Senior Advocate is the Apex Court Judgment in the matter of Indira Jaisingh vs. Supreme Court of India, through Secretary General and Ors. ... Therefore, it is no more res integra that the power to designate an Advocate as a ‘Senior Advocate’ ....
Article 145 of the Constitution of India provides that the Supreme Court may from time to time, with the approval of the President, and subject to the provisions of any law made by Parliament, make rules for regulating generally the practice and procedure of the Court including rules as to the persons ... The rules are mostly about the procedure, which is typical to the Supreme Court. Clause 1 of the Chapter IV of the Rules reads as under:- ... 1. ......
Rules of the Supreme Court are made in terms of Article 136 of the Constitution, to regulate the practice and procedure of this Court. ... Similar to the Civil Procedure Code, which is the principal source of procedure which guides the Courts of civil jurisdiction, the Supreme Court Rules thus regulates the practice and procedure of the Supreme Court. ... to follow the ....
Still no video-Supreme Court permitted only audio. ... 61. The UK Supreme Court: ... The UK Supreme Court's Practice Direction 6 requires the parties to notify the Registrar within seven days after their filing the statement of facts, issues, and the appendix. ... Supreme Court of India, (2014) 9 SCC 737, is a constitutional Bench decision. It concerns the review by convicts on death row. Order XL, Rule 3 of the Supreme ....
State of Karnataka (2002 (2) KLT 189 SC), a Constitution Bench of the Supreme Court held as follows: ... "28. ... S.439 also deals with the procedure to be complied with while granting bail applications. Apart from the statutory provisions in the Cr.P.C, Kerala High Court Rules and also Criminal Rules of Practice, Kerala, prescribe procedure for filing applications in criminal court. ... R.30 to 36 of Chap.5 of Criminal Rules of Practice, Kerala, dea....
Similar to the Civil Procedure Code, which is the principal source of procedure which guides the courts of civil jurisdiction, the Supreme Court Rules thus regulate the practice and procedure of the Supreme Court." ... Sudath Rohana v Mohamed Cassim Mohamed Zeena ,(11), "Rules of the Supreme Court are made in terms of Article 136 of the Constitution to regulate the practice and procedure of....
(3) All Civil and Judicial authorities in India shall act in aid of the Supreme Court. (4) The Supreme Court has the autonomy to make rules for the practice and procedure of Court. Question No. 31:-The options given in the initial key is 3, revised key-1, 3, 4 and final key-4. In the present case it is obvious that the options-1 and 2 are palpably incorrect and option-4 also is incorrect, as Article 145 of the Constitution states that the Supreme Court may, from time to time, with the approval of the President, make Rules relating to the practice and procedure of the Court.
This article confers rulemaking power on the Supreme Court to regulate generally the practice and procedure of the Court. Article 146(3) lays down that minimum number of Judges to sit for the purpose of deciding a substantial question of law as to the interpretation of the constitution, shall be five in number. The concept of Constitution Bench is traceable to Article 145 of the Constitution of India. Article 146(3) mandates that the substantial questions of law as to the interpretation of the constitution are to be decided by a bench not less than five Judges.
Sims v. United Pacific Ins. Co., D.C.Idaho, 51 F.Supp. 433, 435. Procedure is machinery for carrying on lawsuit including pleading, process, evidence and practice, whether in trial court or appellate court. Brooks v. Texas Emp. Ins. Ass’n Tex.Civ.App., 358 S.W.2d 412, 414. The law of procedure is what is commonly termed by jurists “adjective law”.
In fact the decision by the Honble Supreme Court in the case of M/s. Fomento Resorts and Hotels Ltd., referred supra, specifically took note of the fact that when, there is a possibility of appeal all issues have to be taken up and decided. The facts of the case clearly indicates that there is a definite possibility of appeal against the decision of the Tribunal and the present writ petition itself is one such illustration. Therefore, in such circumstances, the Honble Supreme Court while laying down the practice and procedure to be adopted where several issues are raised before Cou....
They were to follow practice and procedure subject to the approval of the respective Supreme Court. The jurisdiction of the Supreme Court was concurrent with the Court of Small Causes in the Presidency Towns. Accordingly, an Act was passed in 1850 by the Indian Legislature abolishing Courts of Requests and establishing Courts of Small Causes in their place. A Judge of the Supreme Court was to act as a Judge of Small Causes Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
