How are cases referred to the Supreme Court?

Introduction

The Supreme Court of India, being the apex judicial authority, handles a variety of cases referred to it through different mechanisms. Understanding these procedures is crucial for grasping the judicial process in India.

Referral Mechanisms

Cases can be referred to the Supreme Court in several ways, including:

1. Appeal from Lower Courts

• Civil Appeals: Appeals from High Courts in civil matters can be referred to the Supreme Court.
• Criminal Appeals: Criminal cases, including those involving serious offenses, can be appealed to the Supreme Court from High Courts.

2. Special Leave Petitions (SLPs)

Special Leave Petitions are filed under Article 136 of the Indian Constitution. The Supreme Court has the discretion to grant or deny special leave to appeal against any judgment or order of any court or tribunal in India.

3. Writ Petitions

The Supreme Court can entertain writ petitions under Article 32 of the Constitution for the enforcement of fundamental rights. This allows individuals to approach the Supreme Court directly if their fundamental rights are violated.

4. Presidential Reference

Under Article 143 of the Constitution, the President of India can refer any matter of public importance or legal question to the Supreme Court for its opinion. This is known as a Presidential Reference.

Process of Referral

The process of referring cases involves several stages:

1. Filing: The case or petition is filed with the Supreme Court registry.
2. Admittance: The Court decides whether to admit the case for hearing.
3. Hearing: If admitted, the case is scheduled for a hearing before a bench of judges.
4. Judgment: The Court delivers its judgment based on the arguments presented.

Conclusion

The Supreme Court plays a crucial role in the Indian judiciary by addressing various cases through different referral mechanisms, ensuring justice and upholding the Constitution.