Understanding Petitions and Appeals in India

The Indian legal system has various remedies and petitions that people can use to protect their rights. Many of these petitions are filed directly in the Supreme Court or High Courts under the Constitution of India or different laws.

At Legal Light Consulting (LLC), we assist clients in understanding these legal remedies and provide expert advice for filing petitions effectively.

Below is a simple guide to the most important types of petitions and appeals available under Indian law.

Special Leave Petition (SLP) under Article 136 of the Constitution of India

  • Civil SLP: Filed when a person is not satisfied with the judgment of a High Court in a civil matter.

  • Criminal SLP: Filed against orders or judgments in criminal matters.
    SLPs give the Supreme Court discretionary power to grant permission to appeal, even if normal appeal routes are not available.

Transfer Petition

  • Civil (Section 25 CPC): Used when a party wants to transfer a civil case from one court to another for justice or convenience.

  • Criminal (Section 406 CrPC): Used to transfer criminal cases from one High Court to another or from one criminal court to another within India.

  • Article 139 of the Constitution: Allows the Supreme Court to transfer cases for fair trial and convenience of parties.

Public Interest Litigation (PIL) under Article 32

A PIL can be filed directly in the Supreme Court for the protection of fundamental rights of the public at large. Citizens and organizations often file PILs on issues like the environment, health, or social justice.

Review Petition under Article 137

If the Supreme Court passes a judgment and a party feels there is a mistake on the face of the record, they can seek a review of the order through a Review Petition.

Contempt Petition under Article 129

  • Civil Contempt: Filed when a person fails to follow the orders of a court.

  • Criminal Contempt: Filed when someone disrespects the authority of a court or interferes with justice.

Curative Petition under Article 137

After dismissal of a Review Petition, a party may still file a Curative Petition. It is the last legal remedy available against a Supreme Court judgment, used only in rare cases of gross injustice.

Petition under Article 131

This is filed directly in the Supreme Court for disputes between the Union Government and States or between two or more States.

Appeals under the Constitution

  • Civil Appeals under Articles 132 & 133: Filed in civil matters from High Court to Supreme Court.

  • Criminal Appeal under Section 134 of Constitution: Filed in criminal matters.

  • Appeals under Section 379 CrPC: Filed against certain criminal judgments, especially involving acquittal or conviction.

  • Appeal under Section 19 of the Contempt of Courts Act, 1971: Filed against High Court’s contempt orders.

  • Appeal in Election Matters (Section 116-A & 116-C of the Representation of Peoples Act, 1951): Filed in the Supreme Court in case of disputes relating to election results.

Caveat Petition under Article 148A

Caveat petition is filed to ensure that no adverse order is passed against a person without hearing them first. This is used as a precautionary legal step.

FAQs on Petitions and Appeals in India

What is a Special Leave Petition (SLP)?

A Special Leave Petition (SLP) under Article 136 of the Constitution allows a person to approach the Supreme Court directly against a judgment of a High Court in civil or criminal matters, even if no standard appeal is available.

What is the difference between Civil SLP and Criminal SLP?

  • Civil SLP is filed against High Court orders in civil matters like property disputes, contracts, or family law.

  • Criminal SLP is filed against High Court judgments in criminal cases, such as convictions or acquittals.

When can I file a Transfer Petition?

A Transfer Petition can be filed to move a case from one court to another for fair justice.

  • In civil cases, the power comes under Section 25 of the Civil Procedure Code.

  • In criminal cases, the power comes under Section 406 of the Criminal Procedure Code.

What is a Public Interest Litigation (PIL)?

A PIL under Article 32 is a special petition that any citizen or group can file in the Supreme Court for issues affecting the public at large, such as protection of fundamental rights, environmental issues, or social justice.

What is a Review Petition?

A Review Petition under Article 137 allows parties to request the Supreme Court to reconsider its own judgment when there is an error apparent on record.

What is the difference between Civil and Criminal Contempt?

  • Civil Contempt occurs when someone disobeys an order or judgment of a court.

  • Criminal Contempt occurs when actions or statements lower the authority of the court or interfere with justice.

What is a Curative Petition?

A Curative Petition under Article 137 is the last legal remedy available in rare cases where a Review Petition has already been dismissed, and gross injustice has been caused.

What is a Petition under Article 131?

This petition is filed directly in the Supreme Court for disputes between the Union of India and States, or between two or more States.

What appeals can be filed under the Constitution of India?

  • Civil Appeals: Articles 132 & 133

  • Criminal Appeals: Article 134 & Section 379 CrPC

  • Contempt Appeal: Section 19 of the Contempt of Courts Act, 1971

  • Election Appeals: Section 116-A & 116-C of the Representation of Peoples Act, 1951

What is a Caveat Petition?

A Caveat Petition under Article 148A ensures that a court does not pass any order against a party without hearing them first. It is a precautionary measure in legal proceedings.

Why should I consult Legal Light Consulting (LLC)?

Legal Light Consulting provides expert guidance in filing petitions and appeals in the Supreme Court and High Courts, ensuring proper legal representation and protecting your rights in civil and criminal matters.

Navigating through the Indian legal system can be complex. At Legal Light Consulting, our expert lawyers provide:

  • Guidance on filing SLPs, PILs, reviews, and appeals.

  • Representation in the Supreme Court and High Courts.

  • Strategic legal solutions for both civil and criminal matters.

  • Personal support and consultation for individuals and organizations.

If you need professional assistance, contact Legal Light Consulting – LLC Lawyers for any Supreme Court or High Court petition. We are here to provide clarity and strong legal representation.

30th September 2025
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