Question

If a person feels that the High Court’s decision was unfair, how can he/she get justice from the Supreme Court?

Answer 1

If a person feels a High Court’s decision was unfair, they can seek justice from the Supreme Court through the following three legal channels:

• Appellate Jurisdiction: The person can file a regular appeal in the Supreme Court if the High Court itself grants a Certificate of Fitness under Article 132, 133, or 134, certifying that the case involves a critical question of law or constitutional interpretation.
• Special Leave Petition (SLP): If the High Court refuses to grant a certificate, the aggrieved person can directly petition the Supreme Court for a Special Leave Petition under Article 136. The Supreme Court has the absolute discretion to grant “special leave” to hear any appeal against any judgment delivered by any court or tribunal in India.
• Writ Jurisdiction: If the High Court’s decision or the underlying issue results in a direct violation of the person’s Fundamental Rights, they can bypass standard appeals and file a writ petition directly in the Supreme Court under Article 32 to secure immediate legal remedies.