A Look at the Supreme Court’s Scrutiny Checklist

Before a legal petition ever reaches the desk of a Supreme Court judge, it must first pass through a critical procedural gauntlet: the scrutiny of the Court’s Registry. The “Check List for Scrutiny Assistants” is the essential tool used for this purpose. This meticulous document ensures that every filing adheres to the stringent procedural and administrative rules of the Court, maintaining order, efficiency, and fairness in the judicial process.

This checklist reveals the numerous technical and substantive hurdles a petition must clear simply to be registered. For any litigant or lawyer, understanding these requirements is the first step to a successful filing.

1. The Basics: Fees, Signatures, and Parties

The initial checks are fundamental yet vital. The scrutiny assistant must confirm:

  • Court Fees: That the prescribed court fee has been paid. This is a non-negotiable prerequisite for the Court to accept a case.
  • Authentic Signatures: That the original petition is signed by the Advocate-on-Record or the party-in-person, authenticating the document.
  • Clear Identification of Parties: That the cause title (the list of parties—petitioners and respondents) is complete, consistent across all documents, and matches the impugned judgment. This includes a critical check to ensure that if a party has died, their legal representatives have been properly brought on record through applications for substitution, complete with affidavits and fees.

2. Verification and Authority: Proving the Case’s Legitimacy

The Registry acts as a filter for unverified or improperly presented information. Key checks include:

  • Mandatory Affidavits: Ensuring a supporting affidavit from the petitioner is filed, properly attested and identified. This swears to the truth of the contents.

  • Translation of Documents: If the case involves documents in a vernacular language, an application for exemption from filing an official translation must be present, along with the requisite court fee.

  • Full Disclosure: Verifying that the petition contains a mandatory statement disclosing any previous petitions filed against the same judgment, a requirement to prevent abuse of the Court’s process.

3. Establishing Right to Appear: Vakalatnama and Beyond

This section ensures that everyone acting before the Court has the legal authority to do so.

  • Vakalatnama: Confirming this crucial document—which empowers an advocate to act for a client—is duly executed and that a Memo of Appearance has been filed.

  • Power of Attorney & Registration: If a petitioner is represented by a power of attorney holder, the relevant documents and permissions must be filed. For corporate bodies or registered societies, a copy of the registration certificate and proof of authority for the person filing must be included.

  • Petitioners-in-Person: Individuals representing themselves must file an application seeking permission to argue in person, explaining why they cannot engage an advocate.

4. Special Category Checks: PILs, Criminal Matters, and Consumers

The checklist has specific provisions for unique case types:

  • Criminal Matters: For petitioners sentenced to imprisonment, the Registry must check for proof of surrender to custody or an application for exemption from surrendering. This is a fundamental rule in criminal appeals.

  • Public Interest Litigation (PIL): Given the potential for frivolous suits, the petitioner must file an affidavit stating there is no personal gain, private motive, or oblique reason behind the litigation.

  • Consumer Cases: As per the Consumer Protection Act, the appellant must have deposited a significant bank draft (e.g., ₹50,000 or 50% of the decreed amount) before an appeal can be filed. This check is mandatory.

5. Ensuring Clarity and Compliance: The Final Hurdles

The final set of checks ensures the petition is presented in a manner that allows for efficient judicial processing.

  • Legibility and Format: The contents must be clear, legible, and typed in double space on one side of the paper—a simple but crucial requirement for judges and staff who read thousands of pages.

  • Condonation of Delay: If the petition is filed after the limitation period, an application to condone this delay, with an affidavit explaining the reasons and paid court fee, is essential.

  • Relevant Laws: An English version of all relevant legal provisions cited in the judgment must be filed as an appendix.

  • Related Matters: The petitioner must disclose the particulars of any identical matter already pending in the Supreme Court, allowing for potential clubbing of cases.

Conclusion: The Unseen Pillars of Justice

The Scrutiny Assistant’s checklist is far more than a bureaucratic formality. It is the first line of defense for the Supreme Court, ensuring that only procedurally sound and complete petitions enter the system.

By enforcing these rules, the Registry upholds the dignity of the Court, protects the interests of all parties, and allows the judges to focus their valuable time on the legal merits of a case, rather than procedural defects. For any advocate, a thorough understanding of this checklist is not just helpful—it is indispensable.