Process of Record Transfer and Costs Under Order XL – Applications for Transfer Under Article 139A(1) of the Constitution

Introduction:

The process of transferring cases from the High Courts to the Supreme Court under Article 139A(1) of the Indian Constitution is a key component of the judicial system. This provision allows the Supreme Court to intervene in matters involving substantial questions of law that are pending in one or more High Courts. Once the case is transferred, several procedural steps must be followed to ensure the efficient management and transfer of the case record. This article explores the process of case transfer, the preparation of records, and the costs involved as per Order XL.

1. Registration of the Transferred Case

Once the Supreme Court orders the transfer of a case, the first step is the registration of the transferred case in the Court. The case will be formally registered as a “Transferred Case”, and the necessary steps will be taken to ensure that it is tracked and processed appropriately in the Supreme Court system.

• Purpose of Registration: The registration ensures that the case is recognized as a transferred matter, and it will follow the procedure designated for such cases. It also helps maintain a record for case management within the Supreme Court.

2. Preparation and Transmission of Records by the High Court

The next critical step involves the preparation of the case record by the Registrar of the High Court from which the case has been transferred. According to the rules:

• Preparation of Record: The High Court must prepare and print the entire record of the case, following the requirements laid out in the First Schedule to the Supreme Court Rules.
• Transmission of Record: Within six months from the date of the transfer order, the High Court must transmit twenty copies of the printed record to the Supreme Court. One copy of the record must be duly authenticated by the High Court’s Registrar, ensuring that it is an official copy of the case documents.

3. Costs of Record Preparation

The costs of preparing and printing the case record vary depending on the party that initiated the transfer:

• Party-Initiated Transfers: If the case is transferred at the request of one of the parties involved, the cost of record preparation will be borne by the party making the application. This includes all costs associated with printing, binding, and transmitting the records to the Supreme Court.
• Government-Initiated Transfers: In cases where the transfer is made at the instance of the Union of India or a State Government, the cost of preparing and transmitting the case record will be borne by the respective Government. This ensures that the financial burden of record preparation does not fall on private parties when the government initiates the transfer.
• Court-Initiated Transfers: When the Supreme Court orders the transfer of the case on its own motion, the record is prepared according to the rules of the High Court, or as per any special directions given by the Supreme Court regarding the cost of preparation. If the case record has already been printed for use in the High Court, and sufficient copies are available, no fresh printing is necessary. However, additional papers required by the Supreme Court may need to be printed.

4. Notification of Record Transmission

Once the record has been prepared, the Registrar of the High Court is responsible for informing all the parties involved in the transferred case. This is done through a formal notice, which informs the parties about the transmission of the printed record to the Supreme Court. The notice ensures that all parties are aware that the case is now in the Supreme Court’s jurisdiction and that they should prepare accordingly for the hearings.

• Notice to Parties: This notification must be given simultaneously with the transmission of the record to ensure that all parties are notified of the case’s progression to the highest court.

5. Preparation of Record Under Court’s Supervision

In cases where the Supreme Court has ordered that the original record be sent for preparation under the Court’s supervision, the Registrar of the Supreme Court will oversee the process. The steps involved include:

• Supervision by the Registrar: The record is prepared under the supervision of the Supreme Court’s Registrar to ensure that the process complies with the applicable rules and standards.
• Cost of Preparation: As per sub-rules 3, 4, and 5 of Rule 5, the cost of preparing the record will be borne by the party that requested the transfer, or the respective government if the transfer was initiated by them.
• Estimate of Costs: Once the index of the record is settled, the Registrar will prepare an estimate of the cost involved in the preparation of the record. This estimate will be served upon the party who is responsible for bearing the costs. The party must deposit the estimated cost within 30 days of receiving the notice.
  • Payment Options: The party can choose to pay the estimated cost in lump sum or in installments, depending on the Registrar’s directions. This ensures flexibility in meeting the financial requirements associated with case record preparation.

6. Conclusion and Legal Support

The process of transferring a case from a High Court to the Supreme Court involves several stages, including the preparation of records, determination of costs, and the transmission of case materials. Adhering to the rules set out under Order XL is essential for ensuring that the transfer process is efficient, transparent, and fair to all parties involved.

Given the complexity of these procedures, it is advisable to seek expert legal support for matters relating to case transfers under Article 139A(1) of the Indian Constitution. Legal professionals with experience in handling Supreme Court transfers can offer valuable guidance in navigating the procedural requirements and addressing any issues related to the preparation and transmission of records.

For individuals or organizations involved in such cases, Legal Light Consulting offers specialized expertise to ensure the smooth progression of transfer applications, including the efficient management of costs and documentation, and timely transmission of records. Contact Legal Light Consulting for comprehensive legal support on Supreme Court transfers under Order XL