Can A Common Person Approach The Supreme Court Directly: Your Rights Under Articles 32 & 136

The fundamental rights of the citizens of the country are protected by the Supreme Court of India, the highest court of the country. And as the highest court, the Supreme Court also defends the Constitution.

Many people ask, “Is an ordinary citizen allowed to go directly to the Supreme Court without going to the lower courts and the High Courts?” 

The answer is yes, but only in exceptional circumstances. While the general rule is to first approach lower courts, the Constitution provides certain provisions that allow citizens to move to the Supreme Court.

This article explains the constitutional framework, case laws, practical process, and limitations to help you understand when and how a common person can go directly to the Supreme Court.

Article 32: The Real Doorway for Citizens

• It is known as the “heart and soul of the Constitution” by Dr. B.R. Ambedkar.
• If your fundamental rights (like life, liberty, speech, and equality) are violated, you can go directly to the Supreme Court.

From experience: There was a family where the son was wrongfully detained. Instead of wasting months in lower courts, we approached the Supreme Court under Article 32 with a writ of Habeas Corpus. The Court’s swift intervention brought immediate relief.

Article 131: When States Lock Horns

• This applies to the disputes between the Union and States or between the States themselves.
• Not for ordinary citizens, but important because it shows the Court’s original jurisdiction.

Article 136:  A Rare Shortcut Through Special Leave Petition

• Gives the Court discretionary power to hear appeals from any court or tribunal.
• There are various petitions admitted under Article 136 where lower courts clearly erred, and a gross injustice would continue otherwise.

But here’s the catch: It’s not a right. It’s purely the Court’s choice. Many SLPs are dismissed without detailed reasons.

Public Interest Litigation: The People’s Weapon

Perhaps the biggest innovation by the Supreme Court. Any citizen can file a PIL even if they are not personally affected.

Example: There was a PIL concerning pollution from a local factory. The petition wasn’t about one person’s problem; it affected the entire community. The Supreme Court admitted it, and the directions it issued improved conditions for thousands of people.

Curative Petitions: The Last Ray of Hope

• Filed when every other remedy, including review, has failed.
• Extremely rare, but available to correct grave miscarriages of justice.

Real Scenarios Where You Can Knock Directly on the Supreme Court’s Door

1. Unlawful Detention: File Habeas Corpus under Article 32.
2. Human Rights Violation: Approach through a PIL.
3. Gross Miscarriage of Justice: Move as per Article 136 (SLP).
4. After Losing Every Remedy: Try a curative petition.

Step-by-Step: How a Citizen Actually Files in the Supreme Court

1. Hire an Advocate-on-Record (AOR): Only AORs can file cases here.
2. Prepare Petition & Documents: Facts, affidavits, identity proofs, annexures.
3. Pay Fees: PILs are low-cost, but other petitions can be more expensive.
4. Registry Check: Court staff scrutinize the papers before listing.
5. Listing & Hearing: If admitted, the case is argued before a bench.

Tip from the ground: Many clients assume they can walk in and file a case themselves. That’s not true; the system is technical, and professional help is non-negotiable.

Limitations You Must Know Before Heading to Delhi

• High Courts under Article 226 are often the first and better forum.
• The Supreme Court has the discretion to reject at the admission stage.
• Travel, legal fees, and documentation all add up to a significant cost increase.
• There is also the risk of punishment for weak or frivolous cases.  

Landmark Cases That Opened Doors for Citizens

• Bandhua Mukti Morcha v. Union of India (1984): Letters converted to writ petitions for bonded laborers.
• Vishaka v. State of Rajasthan (1997): Created guidelines to address workplace sexual harassment.
• Navtej Singh Johar v. Union of India (2018): Direct petitions led to the decriminalization of Section 377.  

These matters demonstrate that the Supreme Court received petitions on behalf of the ordinary people and, with their help, Indian laws were transformed permanently. 

Conclusion 

Yes, a common person can approach the Supreme Court directly, but only in special situations:

• Enforcement of fundamental rights.
• Public interest issues affecting society.
• Exceptional injustice through SLPs.
• Last resort curative petitions.

For everything else, start with the High Court, which is more accessible and often just as powerful under Article 226.

Treat the Supreme Court as the guardian of last resort. It’s not the fastest entry point for every dispute, but when fundamental rights or national issues are at stake, it is the right place.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.

FAQs

1. Can a common citizen write a letter to the Supreme Court as a petition?

Yes. The Supreme Court has, in the past, treated letters and postcards highlighting human rights violations as writ petitions, especially under Article 32.

2. Do I need to be personally affected to file a PIL in the Supreme Court?

No. In Public Interest Litigations, any concerned citizen can file a case even if they are not personally affected, provided the issue impacts society at large.

3. How long does it take for the Supreme Court to admit a direct petition?

It depends on urgency and the nature of the case. Some petitions are listed within days, while others may take weeks to pass through scrutiny and listing.