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Article 145 Of Indian Constitution In English
Article 145 – 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 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) 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.
Article 145 In English
145 Article – Court rules, 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 to regulate the practice and procedure of the Court, including:
(a) the rules as to persons practicing before the Court,
(b) the rules as to the procedure for the hearing of appeals and other matters relating to the appeal, including the time within which the appeal is to be preferred to the Court;
(c) the rules as to proceedings in court for the enforcement of any right conferred by Part III;
(cc) rules as to proceedings in court under article 139A;
(d) the rules as to the entertainment of appeals under sub-section (c) of clause (1) of article 134;
(e) any judgment or order made by the Court may be obtained and there are rules as to the conditions of procedure for such review, including the time within which an application for such review shall be filed in the Court. are to be done;
(f) the rules as to the cost of, and incidental to, any proceeding in court and the fees to be charged in respect of proceedings therein;
(g) the rules regarding the grant of bail;
(h) the rules as to the stay of the proceedings;
(i) the rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or has been brought for the purpose of delay;
(j) the rules as to the procedure for inquiry 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 to be seated for any purpose, and may provide for the powers of Single Judges and Division Courts .
(3) The minimum number of judges to sit for the purpose of adjudicating any matter connected with an important question of law for the purpose of hearing any reference under Article 143 of this Constitution shall be five: Provided that, Where the court hearing an appeal under any provision of this Chapter, other than article 132, consists of less than five judges, and at the hearing of the appeal, the court is satisfied that the appeal involves a substantial question of law. Interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such court shall, for the purpose of deciding any matter connected with such question, refer it for opinion to the court as may be necessary by this section, and upon receipt of such opinion, disposes of the corresponding appeal.
(4) No decision shall be made by the Supreme Court other than in open court, and no report shall be made under article 143, except by opinion given in open court.
(5) No decision and no such opinion shall be given by the Supreme Court without the consent of a majority of the judges present at the hearing of the case, but nothing in this section shall be deemed to prevent a judge who does not agree with the dissenting judgment or opinion. By giving
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 145 Of Indian Constitution?
In Article 145 you see “Rules of Court, etc” that means (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; more above.
Article 145 Debate Summary
Draft Article 121 (Article 145) was debated on 6 June 1949. It authorized the Supreme Court to make rules for its functioning. One member suggested that clause (1) should be amended to do away with the need for the court to take the assent of the President before adopting any rule. He argued that the rules pertain to the ‘internal working’ of the court, and hence the necessity equates to executive interference in the working of the judiciary.
It got the support of several members in the Assembly; It was noted that the High Court was not required to obtain the concurrence of the Governor while making similar rules. In response, another member argued that the draft article already provided that the Supreme Court’s rule-making power was subject to laws passed by Parliament, and therefore requiring the President’s approval was a ‘safety valve’ for the judiciary.
The Chairman of the Drafting Committee pointed out that the requirement was in line with the existing provisions under the Government of India Act, 1935. He also clarified that the purpose was to ensure that the rules do not put undue burden on the exchequer. A member of the Drafting Committee proposed to insert the following as sub-clause (bb): ‘Rules as to the procedure for review of any judgment or order passed by the Court, including within the time taken by the Court in this regard. Kinds of applications are included. Review to be filed;’.
He said this amendment was a necessary consequence of the rule-making power relating to the court’s ability to review its own decisions. Another member of the Drafting Committee proposed the replacement of clause (2) as follows: (2) Subject to the provisions of the next succeeding clause, rules made under this article may fix the minimum number of Judges to be appointed for any purpose. to sit for, and may provide for the powers of Single Judges and Division Courts. (2A) The minimum number of judges to sit for the purpose of adjudicating any matter involving an important question of law as to the interpretation of this Constitution or the hearing of any reference under article 119 of this Constitution shall be five.
Provided that where the court hearing an appeal under article 111 of this Constitution consists of less than five judges, and at the hearing of the appeal, the court is satisfied that the appeal involves a substantial question of law in relation to the interpretation thereof. Constitution, the determination of which is necessary for the disposal of the appeal, such court shall refer for opinion to a court constituted under this section and on receipt of the opinion shall dispose of the appeal in conformity with such opinion.’
He argued that the provision was necessary to ensure that the time of the court was not wasted by forcing a five-judge bench to hear a case for which a three-judge bench was sufficient. This amendment received the support of the Chairman of the Drafting Committee. The chairman of the drafting committee proposed two amendments: first, ordering the court to deliver judgments in open court only; and second, to prevent the court from passing a decision without the consent of the majority. With the exception of the amendment to do away with the need for presidential approval, all other amendments were accepted by the Assembly. The draft Article 121 was adopted on 6 June 1949.
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