What is Article 145 of Indian Constitution – Defination & Meaning

Article 145 of Indian Constitution: Rules of Court.
📅 Part V – The Union
🏷️Active

📚 UPSC Relevant

Article Number

145

part

Part V – The Union

Status

Active

Bare Acts Text

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.
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Full Definition & Explanation

Article 145 of the Indian Constitution lays down the framework for the Supreme Court to create rules for its functioning. It allows the Supreme Court to regulate its practice and procedure, which covers various aspects like who can represent parties in court and how appeals should be handled. This article plays a critical role in ensuring that the court system operates smoothly and efficiently, enabling justice to be served effectively. It empowers the Supreme Court to make rules regarding the enforcement of rights under Part III of the Constitution, which includes fundamental rights, allowing individuals to seek redress for violations. The article also outlines how many judges must be present to hear substantial legal questions. For instance, cases involving interpretations of the Constitution require at least five judges. This ensures that complex legal issues are deliberated by a larger panel, leading to more considered judgments. Also, the Supreme Court must deliver its judgments in open court, providing transparency in the judicial process. This is pivotal in maintaining public trust in the legal system. Additionally, the article stipulates that a majority of judges must agree on a judgment, though dissenting opinions are permitted. This allows for different perspectives on legal issues, enriching the judicial discourse. The rules established under this article affect lawyers, litigants, and the public, as they dictate how justice is administered. Real-world implications include how quickly appeals are processed and how accessible the court is for individuals seeking justice, shaping the overall legal landscape in India.

Historical Context

Article 145 was part of the original Constitution adopted in 1950. During the Constituent Assembly debates, members discussed the need for an efficient judicial system that could adapt to changing societal needs. The debates emphasized judicial independence and the importance of having a structured approach to legal proceedings. This led to the inclusion of Article 145, which allows the Supreme Court to create procedural rules. Although there have been no amendments specific to this article, its application has been clarified through landmark Supreme Court cases like Kesavananda Bharati v. State of Kerala (1973), which underscored the importance of constitutional interpretation in legal procedures. These decisions have shaped how courts operate under its guidelines.

Key Features

– The Supreme Court can create rules with the President’s approval to guide procedures.
– Rules cover court procedures for appeals, hearings, and representation.
– A minimum of five judges is required for cases involving substantial legal questions.
– Judgments must be delivered in open court to ensure transparency and public trust.
– A majority of judges must concur for a judgment to be officially delivered.

Importance & Impact

– This article allows the Supreme Court to effectively regulate its own procedures and rules.
– Minimum judge requirements ensure the quality and reliability of legal deliberations in court.
– Open court judgments enhance transparency, fostering public confidence in judicial processes.
– Majority decision-making processes help maintain fairness and accountability in judicial outcomes.
– The article impacts the management and speed of appeals within the Supreme Court.

Sample UPSC Question

Consider the following statements regarding Article 145 of the Indian Constitution: 1) It allows the Supreme Court to establish rules governing its procedures. 2) The article mandates that all judgments must be delivered in open court. 3) A minimum of three judges is sufficient to hear substantial questions of law. Which of the statements is/are correct? A) 1 and 2 only B) 2 and 3 only C) 1, 2, and 3 D) 1 only. Discuss the implications of these provisions on the judicial process.

Answer

The correct answer is A) 1 and 2 only. Article 145 allows the Supreme Court to create procedural rules and requires judgments to be delivered in open court. However, a minimum of five judges is needed for substantial legal questions, making statement 3 incorrect. This ensures a thorough examination of complex issues.

Key Takeaways

✓ Article 145 allows the Supreme Court to create procedural rules for its functioning.
✓ Five judges are required for substantial constitutional interpretations and legal questions.
✓ Judgments need to be delivered in open court to ensure public access.
✓ A majority of judges must agree for a judgment to be validly delivered.
✓ The article shapes how appeals are processed in the Supreme Court.

FAQs

Article 145 allows the Supreme Court to create and regulate its own rules and procedures. This includes guidelines for hearing appeals, setting standards for legal representation, and determining costs associated with court proceedings. By doing so, it aims to ensure a structured and efficient judicial process for all parties involved in legal matters.

According to Article 145, a minimum of five judges must sit for cases involving substantial questions of law. This requirement ensures that complex legal issues are discussed thoroughly and decided by a larger panel. It enhances the quality of judgments and reduces the chances of erroneous interpretations, providing a more balanced legal perspective.

This allows for different perspectives on legal issues, enriching the judicial discourse. The rules established under this article affect lawyers, litigants, and the public, as they dictate how justice is administered. Real-world implications include how quickly appeals are processed and how accessible the court is for individuals seeking justice, shaping the overall legal landscape in India.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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