1. Why Paper II is lost and won on method
Paper II does not test whether you remember a precedent. It tests whether, in limited time, you can convert a bundle of facts into a petition that the Supreme Court Registry would accept and a Bench would want to read. Examiners are practising senior members of the Bar. They look for four things: the correct procedural vehicle, the correct format, disciplined facts, and grounds that actually raise a question fit for the Supreme Court. A beautifully argued draft under the wrong provision fails.
So before you write a single line, answer the vehicle question.
2. Step one: identify the vehicle
| Situation in the question | Likely vehicle | Governing provision |
|---|---|---|
| Final/interim order of a High Court or tribunal, no statutory appeal | Special Leave Petition | Article 136; Order XXI (civil) / Order XXII (criminal), SCR 2013 |
| High Court has granted a certificate | Civil / Criminal Appeal | Articles 132, 133, 134, 134A |
| Statute gives a direct appeal (e.g. NCLAT, TDSAT, NGT, Armed Forces Tribunal, contempt) | Statutory appeal | The parent statute + SCR 2013 |
| Violation of a fundamental right, relief sought directly | Writ Petition | Article 32; Order XXXVIII |
| Case pending in one State to be moved to another | Transfer Petition | Section 25 CPC / Section 406 CrPC (now Section 446 BNSS); Article 139A |
| Error apparent in a Supreme Court judgment | Review Petition | Article 137; Order XLVII |
| After dismissal of review | Curative Petition | Rupa Ashok Hurra v. Ashok Hurra (2002); Order XLVIII |
Write the vehicle and provision on your rough sheet first. Every later choice — cause title, limitation, prayer — flows from it.
3. Step two: the skeleton every Supreme Court petition shares
Whatever the vehicle, a Supreme Court filing has a recognisable skeleton. Memorise the order; in the exam you reproduce it from memory.
- Index / record of proceedings (mention, do not elaborate in the exam)
- Synopsis and List of Dates
- Cause title – "IN THE SUPREME COURT OF INDIA", jurisdiction line (Civil/Criminal Appellate or Original Jurisdiction), petition type and number with year left blank, parties with their position in the court below
- Title line – e.g. "PETITION UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA"
- Address – "To, The Hon'ble the Chief Justice of India and His Companion Justices of the Supreme Court of India. The humble petition of the Petitioner above-named"
- "MOST RESPECTFULLY SHOWETH"
- Body: impugned order → questions of law → mandatory declarations → facts → grounds → grounds for interim relief
- Main prayer and interim prayer
- "AND FOR THIS ACT OF KINDNESS…" closing, "Drawn by / Filed by", place and date
- Affidavit, certificate by the AOR, and supporting applications (exemption from filing certified copy, condonation of delay, exemption from surrender, stay)
In the exam, items 2–9 carry the marks. Mention item 10 in a short closing note: "The petition will be accompanied by an affidavit, AOR certificate, and I.A.s for …". That single line shows the examiner you know Registry practice.
4. Step three: facts — the List of Dates discipline
The Synopsis is a one-page advocate's summary: who the petitioner is, what the court below did, and why that is wrong in law. The List of Dates is a chronological table of material events only.
Rules for facts:
- Chronological, dated, neutral. "12.03.2021 – Petitioner was appointed as…" not "The respondent maliciously…".
- Only pleaded facts. An SLP is confined to the pleadings and record before the court below. New facts or documents need a separate application for permission. Never invent facts the question does not give; use "____" or "dd.mm.yyyy" for blanks.
- End the list with the impugned order and "Hence the present petition."
- In the body, the facts section repeats the chronology in numbered paragraphs, each paragraph one event, each annexure marked (Annexure P-1, P-2…).
A reliable exam ratio: facts should take no more than one-third of your answer. Candidates who spend forty minutes narrating facts never reach the grounds.
5. Step four: questions of law and grounds
Questions of law are framed as "Whether…" propositions and must be capable of a yes/no answer of general importance. Bad: "Whether the High Court was wrong?" Good: "Whether a High Court exercising jurisdiction under Section 482 CrPC can quash an FIR by evaluating the defence of the accused at the threshold?"
Grounds are the heart of the draft. Each ground:
- starts with "BECAUSE" (or "That the High Court erred in…"), lettered A, B, C;
- attacks one error only — jurisdictional error, misreading of a statute, ignoring a binding precedent, perversity in appreciation of evidence, violation of natural justice, or breach of a constitutional guarantee;
- ties the error to a consequence ("resulting in grave miscarriage of justice").
Six to eight sharp grounds score higher than fifteen repetitive ones. Cite a leading case only where you are sure of it; a wrong citation costs more than no citation.
6. Step five: prayers
Prayers must match the vehicle:
- SLP: "grant Special Leave to Appeal against the final judgment and order dated ____ passed by the High Court of ____ in ____" — not "set aside the order". Leave comes first; appeal follows.
- Interim prayer: "ex-parte ad-interim stay of the operation of the impugned judgment" / "stay of further proceedings in ____" / in criminal matters, bail or suspension of sentence or exemption from surrendering.
- Writ: name the writ (mandamus, certiorari, habeas corpus) and the precise direction.
- Always end with the residuary prayer: "pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
7. A 45-minute exam plan for one draft
| Minutes | Task |
|---|---|
| 0–5 | Read twice; fix vehicle, provision, limitation, parties |
| 5–12 | Cause title, title line, Synopsis + List of Dates |
| 12–20 | Questions of law, declarations, facts |
| 20–36 | Grounds (the scoring zone) |
| 36–42 | Interim grounds, main and interim prayers |
| 42–45 | Closing note on affidavit, applications, AOR certificate; read once |
8. Common errors that cost marks
- Wrong vehicle (writ under Article 32 against a judicial order; SLP where a statutory appeal lies).
- Praying to "set aside" without first seeking leave in an SLP.
- Omitting the declaration that no other SLP has been filed against the same order.
- Argumentative List of Dates.
- Grounds that re-argue facts instead of identifying a legal error.
- No interim prayer when the facts plainly need a stay.
- Forgetting limitation and the delay-condonation application where dates show delay.
9. Practice task
Take any reported High Court judgment you argued or read this month. In 20 minutes, write only: (a) the vehicle and provision, (b) three questions of law, (c) five "BECAUSE" grounds, (d) the main and interim prayer. Do this for ten judgments before you attempt a full-length timed draft in the PYQ lesson.