Supreme Court Legal Format

Application for Clarification of a Supreme Court Judgment or Order

Updated specimen drafting format with the legal distinction between a genuine request for clarification and a review petition, plus links to the current Supreme Court Rules and e-filing facilities.

When can a clarification application be used?

A miscellaneous application seeking clarification may be appropriate where a direction in a disposed matter needs explanation for implementation, or where the applicant seeks removal of an ambiguity without reopening the merits of the judgment.

Important: A clarification or modification application should not be used to re-argue the case, alter the substantive result, or obtain a rehearing. If the relief sought is in substance a review of the judgment, the remedy must be pursued in accordance with Article 137 of the Constitution of India and Order XLVII of the Supreme Court Rules, 2013, as amended. The Supreme Court has repeatedly disapproved attempts to disguise review relief as "clarification", "modification" or "recall".

The Court's procedural requirements can change through amendments, practice directions, circulars and Registry instructions. The format below is therefore a drafting specimen and should be adapted to the case record, latest Supreme Court Rules and current filing requirements.

Official Supreme Court resources

Sample Application for Clarification

Replace every blank field with the correct case details. Do not retain specimen facts that do not belong to your matter.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

MISCELLANEOUS APPLICATION NO. ____ OF 20__
IN
CIVIL APPEAL / SLP (C) / OTHER PROCEEDING NO. ____ OF 20__

IN THE MATTER OF:

______________________________ & ORS. ....APPLICANT(S)/PETITIONER(S)

VERSUS

______________________________ & ORS. ....RESPONDENT(S)

APPLICATION SEEKING CLARIFICATION OF THE JUDGMENT / ORDER DATED __________

TO,
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS/HER COMPANION JUSTICES OF THE
SUPREME COURT OF INDIA

THE HUMBLE APPLICATION OF THE APPLICANT(S) ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. That this Hon'ble Court, by judgment/order dated __________ passed in ____________________________, disposed of the above proceedings and issued, inter alia, the directions contained in paragraph(s) ________ of the said judgment/order.

2. That the Applicant(s) were parties to / are directly affected by the aforesaid proceedings and the implementation of the judgment/order dated __________.

3. That paragraph(s) ________ of the judgment/order provide(s) as follows:

"______________________________________________________________"

4. That an ambiguity / difficulty has arisen in implementing the aforesaid direction because ________________________________. The Applicant(s) respectfully submit that a limited clarification is necessary so that the judgment/order may be implemented in the manner intended by this Hon'ble Court.

5. That the Applicant(s) do not seek rehearing of the appeal/petition, reconsideration of findings on merits, or alteration of the substantive result of the judgment/order. The present application is confined to clarification of the direction identified above.

6. That on __________, the Applicant(s) approached / represented to ____________________ seeking implementation of the judgment/order. A copy of the relevant representation / communication, where applicable, is annexed as Annexure A-__ (pages __ to __).

7. That ____________________ has taken the position that ________________________________, resulting in uncertainty / difficulty in implementation. The relevant communication, if any, is annexed as Annexure A-__ (pages __ to __).

8. That in these circumstances, it is just and necessary that this Hon'ble Court clarify that ____________________________________________, without disturbing the findings or final adjudication already made in the judgment/order dated __________.

9. That the present application is bona fide and is made in the interest of proper implementation of the judgment/order and the ends of justice.

PRAYER

In the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:

a. clarify paragraph(s) ________ of the judgment/order dated __________ to the effect that ________________________________________________;

b. direct the concerned authority/party, if necessary, to act in accordance with the clarification within such time as this Hon'ble Court may deem appropriate; and

c. pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

DRAWN & FILED BY


ADVOCATE-ON-RECORD
FOR THE APPLICANT(S)

Place: New Delhi
Filed on: __________

Drafting and filing notes

  • Identify the exact paragraph or operative direction requiring clarification.
  • Explain the implementation difficulty precisely and avoid re-arguing questions already decided.
  • Keep the prayer narrow. A prayer that changes the substantive result may be treated as review relief.
  • Use the correct disposed-case number, miscellaneous application details, party description, annexures, affidavit and filing particulars required by the Registry.
  • Check the latest Supreme Court Rules, amendments, circulars, practice directions and e-filing requirements before filing.