Practising Before India's Apex Court

The Supreme Court of India is the final arbiter of every question of Indian law. A matter that reaches the Supreme Court has almost always been through one or more lower courts or tribunals — and by the time it arrives at the apex court, the factual record is largely settled. What the Supreme Court decides is whether the law was correctly applied to those facts, or whether a question of law of general public importance requires its authoritative determination.

Supreme Court practice is a distinct discipline. The pleadings are different. The arguments are compressed and targeted. The preparation required — a thorough command of the record below, precision in identifying the legal question, and familiarity with the Supreme Court’s own jurisprudence on the issue — demands counsel with direct experience before the court.

Mr. Shailendra Singh is an Advocate of the Supreme Court of India and an Accredited Mediator of the Supreme Court of India. His practice before the apex court spans civil, criminal, constitutional, and commercial matters — including IBC appeals, PMLA bail matters, constitutional challenges, and commercial law questions. August Attorneys LLP’s Supreme Court practice is built on that direct experience.

Our Supreme Court Practice

1

Special Leave Petitions (SLP)

The primary route to the Supreme Court is through a Special Leave Petition under Article 136 of the Constitution of India. An SLP challenges a decision of any court or tribunal in India. We advise on the merits of an SLP, the grounds on which leave is likely to be granted, and the realistic prospects of obtaining a stay of the impugned order pending hearing.
2

Writ Petitions Under Article 32

Where a fundamental right guaranteed by Part III of the Constitution has been violated by the State or a state instrumentality, a writ petition can be filed directly before the Supreme Court under Article 32. We advise on the constitutional grounds for Article 32 petitions and handle the filing and argument of writ matters before the Constitution Bench and regular benches of the Supreme Court.
3

IBC and NCLT Appeals

Appeals from NCLAT orders in IBC matters lie to the Supreme Court on questions of law. Mr. Shailendra Singh's depth of IBC practice — including insolvency matters with aggregate claims exceeding ₹500 crores — gives the firm a particularly strong foundation for Supreme Court IBC appeals, where familiarity with the full body of NCLAT and Supreme Court jurisprudence on the Code is essential.
4

Criminal Appeals and Bail Matters

Criminal appeals against High Court judgments in serious criminal matters, including PMLA, NDPS, and economic offence cases. Bail applications before the Supreme Court where High Court bail has been refused or where the matter has particular importance. Mr. Singh has argued bail matters in PMLA and NDPS cases before the apex court — proceedings where the twin condition bail threshold makes the quality of argument decisive.
5

Constitutional and Public Law Matters

Challenges to legislation, government orders, and regulatory action on constitutional grounds — including under Articles 14 (equality), 19 (fundamental freedoms), and 21 (life and personal liberty). We advise on the constitutional framework for such challenges, the appropriate forum (Article 32 before the Supreme Court or Article 226 before the High Court), and the realistic prospects of relief.
6

Transfer Petitions and Interlocutory Applications

Applications for transfer of pending cases from one court to another under Section 25 CPC or Section 406 CrPC, and interlocutory applications for stay, directions, and other urgent relief in pending Supreme Court matters.

Preparation for Supreme Court Proceedings

A Supreme Court argument is typically short — sometimes as brief as 15 to 30 minutes per side in a Special Leave Petition. The work that precedes that argument — reading the entire record below, identifying the precise legal question, anticipating the bench’s concerns, and framing the argument in a form the court will find persuasive — takes considerably longer.

We begin preparation for Supreme Court matters well in advance of the listing date. We read the full record, prepare a comprehensive synopsis and list of dates, and develop a structured argument that addresses the legal question directly without unnecessary elaboration. Where the matter involves a circuit of issues across multiple hearings, we maintain a running brief that tracks the court’s observations and evolving focus.

Supreme Court practice rewards precision, preparation, and the ability to adapt an argument in real time to the bench’s questions. These are skills Mr. Shailendra Singh has developed over 25 years of practice at the apex level.

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Does August Attorneys LLP have an Advocate on Record enrolled in the Supreme Court?

Mr. Shailendra Singh is an Advocate of the Supreme Court of India. All filings before the Supreme Court require the signature of an Advocate on Record (AoR) — we coordinate with our empanelled AoRs to ensure proper compliance with the court’s filing requirements.

An SLP against a High Court order must generally be filed within 90 days of the impugned order. An SLP against a tribunal order must be filed within 90 days. Delay can be condoned by the Supreme Court on showing sufficient cause — but the grounds for delay must be specifically pleaded and supported.

Yes. The Supreme Court actively encourages settlement and regularly refers matters to mediation. Mr. Shailendra Singh’s accreditation as an Accredited Mediator of the Supreme Court positions the firm well to explore mediated resolution — with full understanding of the legal position — at every stage including the Supreme Court stage.

If a stay application is refused, the proceedings below or the impugned order continue. A refusal of stay at the SLP stage does not, by itself, mean the SLP will ultimately fail — but it does mean the immediate consequences of the impugned order are not halted. We advise clients on contingency planning when stay applications are refused.

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