Article 145 of Indian Constitution, Rules of Supreme Court

Article 145 of the Indian Constitution empowers the Supreme Court of India to frame rules governing its practice and procedure. These rules help ensure the efficient, transparent, and uniform functioning of the country’s highest court. The rules made under this Article are subject to laws enacted by Parliament and require the approval of the President of India.

Article 145 of Indian Constitution

Article 145 is a constitutional provision that grants the Supreme Court the authority to regulate its own judicial procedures and court administration. It lays down the framework for matters such as appeals, review petitions, court proceedings, and the constitution of benches. The Article plays a vital role in maintaining the independence, consistency, and effective administration of justice in India.

Constitutional Provisions Under Article 145

Article 145 contains provisions related to the Supreme Court’s authority to make rules regarding its functioning. The key provisions include:

• Article 145(1): The Supreme Court can make rules regulating its practice and procedure with the approval of the President.
• Article 145(1)(a) to (e): The rules may cover various matters, including:
  • Procedure for hearing appeals and petitions.
  • Rules related to advocates and persons appearing before the Court.
  • Conditions for filing review petitions.
  • Procedures for enforcement of Fundamental Rights under Article 32.
  • Matters related to court fees, costs, and other proceedings.
• Article 145(2): The Supreme Court can decide the number of judges required to hear cases and regulate the composition of benches.
• Article 145(3): It provides for the formation of a Constitution Bench when a case involves a substantial question of law related to the interpretation of the Constitution.
• Article 145(4): Judgments of the Supreme Court must be delivered in open court.
• Article 145(5): A judgment or opinion of the Supreme Court requires the support of the majority of judges hearing the case.

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Power of Supreme Court to Make Rules Under Article 145

Under Article 145, the Supreme Court of India has the constitutional authority to frame rules governing its practice and procedure, ensuring the efficient and independent functioning of the country’s highest court.

• Frames Court Procedures: Makes rules for filing, hearing, and disposal of cases before the Supreme Court.
• Regulates Appeals and Petitions: Prescribes procedures for civil appeals, criminal appeals, special leave petitions (SLPs), and writ petitions.
• Governs Review Proceedings: Establishes the process for filing and deciding review petitions against Supreme Court judgments.
• Regulates Appearance of Advocates: Lays down rules for advocates and parties appearing before the Supreme Court.
• Constitutes Benches: Provides rules for the constitution and functioning of different benches, including Constitution Benches.
• Subject to Parliamentary Law: The rules must be consistent with laws made by Parliament and require the approval of the President of India before coming into effect.

Article 145(3) and Constitution Bench of Supreme Court

Article 145(3) of the Indian Constitution mandates that cases involving a substantial question of law related to the interpretation of the Constitution must be heard by a Constitution Bench of the Supreme Court.

• Minimum Five Judges: A Constitution Bench must consist of at least five judges of the Supreme Court.
• Constitutional Interpretation: It hears cases involving significant questions about the interpretation of constitutional provisions.
• Landmark Cases: Important matters relating to Fundamental Rights, Centre-State relations, constitutional amendments, and powers of constitutional authorities are decided by Constitution Benches.
• Binding Decisions: Judgments delivered by a Constitution Bench serve as binding precedents for all courts in India under Article 141.
• Judicial Consistency: It ensures uniform interpretation of the Constitution and resolves conflicting legal views in earlier judgments.
• Protection of Constitutional Values: Constitution Benches uphold the rule of law, judicial independence, and the basic structure of the Constitution.

Importance of Article 145 in Indian Judiciary

Article 145 plays a crucial role in maintaining the effective functioning and independence of the Supreme Court. Its importance includes:

• Ensures Judicial Independence: Allows the Supreme Court to regulate its own procedures without external interference.
• Maintains Uniform Procedures: Provides a standard framework for handling cases and judicial proceedings.
• Strengthens Constitutional Interpretation: Through Constitution Benches, it enables detailed examination of important constitutional issues.
• Improves Judicial Efficiency: Clear procedural rules help in faster and systematic disposal of cases.
• Protects Rule of Law: Ensures that constitutional matters are decided through proper judicial processes.