Part V - The Union • Article

Article 145 Simplified: Rules of Court, etc

Article 145 allows the Supreme Court, with the President's approval, to make rules to govern its own practice and procedures (like bail, fees, and timelines). It also mandates that at least 5 judges (a Constitution Bench) must hear cases involving substantial constitutional interpretation or Presidential references.

Official Text

(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including— (a) rules as to the persons practising before the Court; (b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered; (c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III; [(cc) rules as to the proceedings in the Court under [article 139A];] (d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134; (e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered; (f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein; (g) rules as to the granting of bail; (h) rules as to stay of proceedings; (i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay; (j) rules as to the procedure for inquiries referred to in clause (1) of article 317. (2) Subject to the [provisions of *** clause (3)], rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts. (3) [ ***The minimum number] of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five: Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion. (4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under article 143 save in accordance with an opinion also delivered in open Court. (5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.

Simple Meaning

Explain Like Ten

This rule allows the Supreme Court to write its own rulebook for how cases are handled in court, like who can speak, how to ask for bail, and that at least 5 judges must sit together for very big constitutional questions.

Student Mode

Vests rule-making power in the Supreme Court, subject to parliamentary law and presidential approval, to regulate its own practice and procedure. Crucially, Article 145(3) mandates a minimum quorum of 5 judges (Constitution Bench) for deciding cases involving substantial questions of law as to constitutional interpretation or for hearing advisory references under Article 143.

Example

When the Supreme Court updates its rules on how quickly online review petitions must be filed, or sets up a 5-judge bench to hear a major privacy case, it is exercising powers under Article 145.

Key Takeaway

The Supreme Court makes its own operational rules with presidential approval, and requires a minimum of 5 judges for constitutional cases.

FAQs

What is the minimum number of judges required to hear a constitutional case?

Under Article 145(3), a minimum of 5 judges must sit to decide any case involving a substantial question of law as to the interpretation of the Constitution, or for hearing a reference under Article 143.

Does the Supreme Court have absolute autonomy in making its rules?

No, the rule-making power of the Supreme Court under Article 145 is subject to any laws made by Parliament, and the rules require the prior approval of the President of India.

Can a judge deliver a dissenting judgment?

Yes. Article 145(5) explicitly protects the right of any judge who does not agree with the majority opinion to deliver a dissenting judgment or opinion in open court.

Quiz

What is the minimum quorum of judges required for a Constitution Bench under Article 145(3)?

Answer: 5 judges

Whose approval is required for the rules made by the Supreme Court under Article 145?

Answer: The President