B.R. Agarwala's Supreme Court Practice and Procedure

The publication examines the history and evolution of India's judicial system, tracing its journey from the establishment of the first Supreme Court of Judicature at Calcutta in 1774 to the intricate workings of the modern court. The book discusses key aspects of the court's function, including writ jurisdiction under Article 32, which encompasses the writs of habeas corpus, mandamus, certiorari, prohibition, and quo warranto. It also explores the significance of Public Interest Litigation (PILs) in promoting social justice and legal reforms, the court's appellate powers, and its role in reviewing High Court decisions. Further, it outlines the procedures for civil and criminal appeals, along with the extraordinary appellate jurisdiction under Article 136. The book also examines the Supreme Court's advisory jurisdiction under Article 143, its powers to transfer cases, and its authority to review its own orders. It provides a comprehensive overview of the court's contempt jurisdiction and its ability to ensure complete justice under Article 142.

Key Features:

• This New Edition by Justice Subramonium Prasad and Siddhartha Iyer, aims to be a reliable resource and companion for practitioners in the Supreme Court and for lawyers preparing for the prestigious Supreme Court Advocates on Record Examination.
  
• This book includes three new chapters:
  • (a) Appeals under Statutes.
  • (b) Curative Jurisdiction of the Supreme Court of India.
  • (c) The Technological Evolution of the Supreme Court.
    As well as an e-filing manual included in the appendices.
    
• This new edition covers the latest amendments, viz., the Supreme Court (Amendment) Rules, 2024; the Supreme Court (Second Amendment) Rules, 2024, and the Supreme Court (Amendment) Rules, 2025.
  
• This work, with its detailed content, practical insights, and thorough analysis of key constitutional provisions, is designed to help readers navigate the complex landscape of the Supreme Court Practice & Procedure.

Extract from the Foreword

The author has brought to bear on the book, his vast experience from the different spheres traversed by him. On vital aspects, the author has taken care to pepper the narration with the relevant case law. Certain nuances captured in the book include: the law on maintainability of a second special leave petition; the procedure in hearing applications for exemption from surrendering; the aspect of seeking recusal of a judge hearing a cause; the dynamics of the review jurisdiction; the scope, sweep and ambit of the curative jurisdiction of the Court and the procedure in hearing applications under the Arbitration and Conciliation Act, 1996. The book stands out for capturing the recent developments including the technological advance-ments made by the Court.

- Justice K.V. Viswanathan
Judge, Supreme Court of India

Reviews

The book is a good compilation of the existing rules, practice and procedure of the Supreme Court. The author has taken pains to trace the history of judicial process since the days of the East India Company with citations. The author has described an important role of the Supreme Court as the protector and guarantor of fundamental rights. The author has also dealt with original, appellate, extraordinary, advisory and special jurisdiction of the Supreme Court in a lucid style by making a reference of different articles of the Constitution with case law and its miscellaneous powers. The book appears to be the result of research and experience of the author who has not left untouched the current trends and developments in the working of the Supreme Court including public interest litigation. It is a good contribution to the field of constitutional jurisprudence. On the whole, it is very useful to practitioners, judges and law students, (1987) 29 JILI 141-143.

- B. Kumar
L.L.M, Ph.D
Sikkim Government Law College, Gangtok

...the Court has had to evolve its own practice and procedure relating to each of the different jurisdictions by means of Rules framed under Article 145 of the Constitution. These rules have not remained static. They had to be revised from time to time as the actual experience of their working and the exigencies demanded. The Rules have sometimes come up before the Court for their construction and elucidation. Opinions expressed by the Court on such occasions have more often than not been by way of observations scattered in different cases and rarely as distinct decisions by themselves. Consequently, such observations are not readily found unless they are collected together at one place. That is precisely what the author of this book has sought to do. The result of his labour is a handy, lucid work. The book falls into two parts; the first part deals with each of the different jurisdictions and the second deals separately with the Rules in respect of each of them. Such separate and distinctive treatment is, I believe, likely to be helpful to the Bar and particularly to the advocates-on-record.

- J.M. Shelat
Judge, Supreme Court of India

Table of Cases

1. Introduction
2. Writ Jurisdiction under Article 32 of the Constitution: Extraordinary Original Jurisdiction
3. Public Interest Litigation
4. Election of the President and Vice-President 58
5. Ordinary Original Jurisdiction: Proceedings under Article 131 of the Constitution
6. Appellate Jurisdiction of the Supreme Court of India
7. Extraordinary Appellate Jurisdiction: Special Leave Petition under Article 136 of the Constitution
8. Appeals under Statutes
9. Power of the Supreme Court to Review its Orders: Article 137 of the Constitution
10. Curative Jurisdiction of the Supreme Court of India
11. Advisory Jurisdiction of the Supreme Court under Article 143 of the Constitution
12. Jurisdiction of the Supreme Court to Transfer Cases
13. Jurisdiction of the Supreme Court of India under the Arbitration and Conciliation Act, 1996
14. Contempt Jurisdiction of the Supreme Court 221
15. Removal and Suspension of Members of Public Service Commissions: Article 317
16. Costs
17. Miscellaneous Provisions
18. Binding nature of Supreme Court decisions: Article 141 of the Constitution
19. Power of the Supreme Court to do complete justice: Article 142
20. Enforcement of Orders of Supreme Court
21. The Technological Evolution of the Supreme Court

APPENDICES
I. Supreme Court Rules
II. Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
III. Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975
IV. Regulations Regarding Advocates-on-Record Examination
V. E-filing 2.0 User Manual
VI. Check List for Scrutiny Assistants at Filing Counter and Advocate’s Check List
VII. Supreme Court of India Handbook on Practice and Procedure and Office Procedure (2017)
VIII. New Subject Categories, comparative table of old and new case categories
IX. Interlocutory Applications

Subject Index