Supreme Court Procedure
Limitation Periods for Filing Cases in the Supreme Court of India
Supreme Court Rules and computation of limitation
The Supreme Court Rules, 2013 continue to govern Supreme Court procedure and have been amended from time to time, including amendments notified in 2024 and 2025. The latest Rules and amendment notifications are available at Supreme Court of India - Supreme Court Rules.
Where the Rules prescribe a number of days, computation is subject to the applicable rule on exclusion of the starting day and Court-closure days. A litigant should also check whether time spent obtaining a certified copy is excludable under the governing law.
Common Supreme Court filing periods
| Proceeding | General limitation | Important qualification |
|---|---|---|
| Writ Petition under Article 32 | No fixed numerical period in the Supreme Court Rules | Delay, laches, acquiescence and availability of an alternative remedy may still affect relief. |
| Transfer Petition (Civil) | No general fixed numerical period | Should be filed promptly while the proceedings sought to be transferred remain pending. |
| Transfer Petition (Criminal) | No general fixed numerical period | Current criminal-transfer jurisdiction must be read with Section 446 BNSS for post-BNSS matters and saved CrPC proceedings where applicable. |
| Special Leave Petition (Civil) | Generally 90 days from the impugned judgment/order | Where a certificate to appeal to the Supreme Court is refused, the applicable SLP period is generally 60 days from refusal. |
| Special Leave Petition (Criminal) | Generally 90 days from the impugned judgment/order | Death-sentence matters and refusal-of-certificate situations have special 60-day periods under the Rules. |
| Civil Appeal by certificate under Articles 132/133 | Generally 60 days from grant of certificate | Check the current Rules and order granting certificate. |
| Criminal Appeal by certificate / constitutional route | Generally 60 days | Starting point depends on whether limitation runs from certificate, judgment, final order or sentence. |
| Review Petition | 30 days from the judgment or order sought to be reviewed | Governed by Article 137 and the Supreme Court Rules; delayed review requires an application for condonation where maintainable. |
| Curative Petition | No fixed number of days | Order XLVIII requires filing within a reasonable time from the judgment/order in review. |
Election Petition relating to President or Vice-President
Election petitions concerning the election of the President or Vice-President are governed by the Presidential and Vice-Presidential Elections Act, 1952 and the Supreme Court Rules. The applicable statutory filing period should be checked against the current election law and Rules before filing.
Original suits in the Supreme Court
Original jurisdiction under Article 131 is distinct from ordinary civil suits. The applicable limitation question depends on the nature of the claim and the law governing it. The Limitation Act, 1963 may be relevant, but the precise cause of action and maintainability under Article 131 must be examined separately.
Selected statutory appeals to the Supreme Court
| Statute / provision | Limitation | Current note |
|---|---|---|
| Advocates Act, 1961 - Section 38 | 60 days from communication of the order | Appeal from specified Bar Council of India orders. |
| Consumer Protection Act, 2019 - Section 67 | 30 days from the National Commission order | The Supreme Court may entertain a delayed appeal on sufficient cause. The earlier Consumer Protection Act, 1986 entry is obsolete for current proceedings. |
| Representation of the People Act, 1951 - Section 116A | 30 days | Statutory appeal from specified High Court election decisions. |
| Customs Act, 1962 - Section 130E | Check current statutory text and applicable Supreme Court Rules | The route depends on the nature of the order and the current statutory framework. |
| Central Excise Act, 1944 - Section 35L | Check current statutory text and applicable Rules | The statute was historically titled the Central Excises and Salt Act, 1944; the current title is the Central Excise Act, 1944. |
| Income-tax Act, 1961 - Section 261 | Generally 60 days in the certificate-appeal framework | Applicable only where the statutory conditions for a certificate appeal are met. |
| Contempt of Courts Act, 1971 - Section 19 | 60 days for appeal to the Supreme Court from specified High Court contempt orders | Maintainability depends on the nature of the contempt order. |
| SEBI Act, 1992 - Section 15Z | 60 days | Check the current statutory wording concerning extension for sufficient cause. |
| TRAI Act, 1997 - Section 18 | 90 days | Appeal lies on specified grounds from TDSAT decisions/orders. |
| Competition Act, 2002 - Section 53T | 60 days | Subject to the current statute and any permitted extension. |
| Electricity Act, 2003 - Section 125 | 60 days | Statute permits limited extension subject to its conditions. |
| National Green Tribunal Act, 2010 - Section 22 | 90 days | Appeal to Supreme Court from award, decision or order of the Tribunal, subject to statutory conditions. |
| Companies Act, 2013 - Section 423 | 60 days from receipt of NCLAT order | The Supreme Court may allow a further period within the statutory cap on sufficient cause. |
| Armed Forces Tribunal Act, 2007 - Sections 30 and 31 | Special statutory periods apply | Distinguish appeal from final decision/order, contempt jurisdiction and leave-to-appeal procedure. |
| Airports Economic Regulatory Authority of India Act, 2008 | Check current statutory appeal provision | Use the current amended Act rather than relying on older section numbering without verification. |
Legacy provisions that should not be presented as current routes
Some older limitation charts continue to list provisions that are no longer the ordinary current filing route. For example, the Consumer Protection Act, 1986 has been replaced by the Consumer Protection Act, 2019 for current consumer appeals. Wealth-tax provisions are also largely of legacy relevance because the wealth-tax charge was abolished for later assessment years, though old proceedings may still generate litigation.
Condonation of delay
Filing after limitation does not automatically mean that delay will be condoned. Where the governing Rules or statute permit condonation, the applicant must explain the delay and establish sufficient cause. Some statutes permit unrestricted condonation on sufficient cause, while others impose a strict additional cap.
The Supreme Court has repeatedly emphasised that different statutes prescribe different limitation and condonation structures. A litigant should therefore identify the exact statutory appeal provision before calculating the last date.
How to calculate the last date
- Identify the exact judgment, order or communication from which limitation runs.
- Confirm whether the governing source is the Supreme Court Rules, a special statute, or both.
- Check whether the day of the triggering event is excluded.
- Check whether time spent obtaining a certified copy is excludable.
- Check Court holidays and the applicable rule where the last day falls on a closed day.
- Where filing is late, verify whether condonation is legally available and whether a statutory maximum extension applies.
Official references
Supreme Court Rules, 2013 and amendments
Supreme Court forms and SLP formats
Consumer Protection Act, 2019 - official text
Limitation is a high-risk procedural issue. Always verify the current Supreme Court Rules, the exact appeal provision, the date of communication/service, copy-exclusion rules and condonation limits before filing.