What are the Rules of Supreme Court? Article 145 of Constitution of India, 1949
Rules of Supreme Court are defined under Article 145 of Constitution of India 1949. Provisions under this Article are:
Article 145 of Constitution of India "Rules of Court, etc"
(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 practicing 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) any judgment pronounced or order made by the Court may
be received and rules as to the conditions 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 proceeding 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.